Babu Malanna Gavali v. Parvatibai Malanna Gavali And Others

933.CA-832-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.832 OF 2022 IN SA/557/2019 BABU MALANNA GAVALI

VERSUS

PARVATIBAI MALANNA GAVALI AND OTHERS ...

Advocate for Applicant : Mr. Rakhunde Pravin B Advocate for Respondent No. R/9a To R/9e : Mr. M. B. Kolpe ...

CORAM : BHARAT P. DESHPANDE, J.

DATE : 23rd AUGUST 2022.

Per Court :

1. This is an application for bringing the legal heirs of Respondent No.9, who expired on 28.02.2020.

2. Heard. learned Counsel for the parties.

3. The legal heirs of Respondent No.9 are served and the Advocate Kolpe is appeared and has filed Vakalatnama.

4. Respondent No.9 died on 28.02.2020, whereas present

933.CA-832-2022.doc application is filed in the month of February, 2022.

5. Considering the suspension of period of limitation granted by the Hon'

ble Apex Court during the pandemic i.e. from the month of March, 2020 till 28 February, 2022, the application filed for bringing legal heirs is considered as within time. Hence the following order.

O R D E R

(i) The Civil Application stands allowed.

(ii) The Legal heirs of Respondent No.9 are permitted to be brought on record..

(iii) The necessary amendment to be carried out in the cause title within a period of 14 days from today.

(iv) With these, the Civil Application stands disposed of.

6. Call Record and Proceedings from the trial Court.

7. Place the Second Appeal for admission on 21.09.2022. [ BHARAT P. DESHPANDE, J.] Najeeb.