Usha Eswar v. Vallipuram Gireesaiyer Venkitewaran And 3 ORS.

Digitally signed by MEERA MAHESH JADHAV Date:

2023.06.07 11:31:12 +0530 MEERA MAHESH JADHAV 1/2 402-WP-1106-03.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1106 OF 2003 Vallipuram Gireesaiyer Venkitewaran ....Petitioner V/s.

Rajeshwai Menon I.T. Officer

...Respondents

WITH INTERIM APPLICATION NO.150 OF 2022 IN WRIT PETITION NO.1106 OF 2003 ---- Mr. B. D. Damodar i/b Kanga & Co. for Applicant. Mr. Akhileshwar Sharma a/w Ms Shilpa Goel for Respondents-Revenue. ---- CORAM : K.R. SHRIRAM & M.M. SATHAYE JJ DATED : 5th JUNE 2023 P.C. :

INTERIM APPLICATION NO.150 OF 2022 This interim application has been filed to bring on record the legal heirs of original petitioner, who expired on 3rd December 2015. The interim application itself has been taken out only on 24th December 2021. There has been a substantial delay. At the same time, interim application has been served on respondents on or about 30th December 2021 and no reply opposing interim application is filed. Mr. Sharma submits that the delay is inordinate and would leave it to the court to pass appropriate orders. Having considered the reasons given in the affidavit in support of the interim application and since this is also a petition, which has been admitted way back on 23rd March 2003, in our view, the delay has to be condoned. Meera Jadhav

2/2 402-WP-1106-03.doc Accordingly, interim application is allowed in terms of prayer clauses (a) and (b). Applicant to carry out amendment to the petition in terms of item (I) of schedule at Exhibit A1 and serve the amended petition on respondents within three weeks from today.

Applicant to pay costs of Rs.10,000/- within two weeks from today, to High Court Legal Aid Fund, Account No.60045304283, IFSCMAHB0000002, of Bank of Maharashtra, Branch- Fort, Mumbai 400 032, maintained by the High Court Legal Services Committee, Mumbai. Room No.105, 1st Floor, PWD Building, High Court, Mumbai and to furnish the details of such cost to the High Court Legal Services Committee, Mumbai and obtain the receipt thereof physically or through Email, i.e., hclsc.mumbai@gmail.com which shall be the proof of such payment/deposit.

Application accordingly disposed.

WRIT PETITION NO.1106 OF 2003 Petition to come up for final hearing on 7th July 2023. (M. M. SATHAYE, J.) (K.R. SHRIRAM, J.) Meera Jadhav