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Bombay High CourtCA/12040/2022application allowed

Baswaraj Shivlingappa Sonale And ORS v. 1.Raosaheb Dadarao Jadhav Lrs Application Pending 2.Vishwambhar Dadarao Lakade

2022-08-25Hon'Ble Shri Justice Bharat P. Deshpande2 pages

ca12040.22 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 CIVIL APPLICATION NO.12040 OF 2022 IN SA/75/2013 BASWARAJ SHIVLINGAPPA SONALE AND ORS

VERSUS

RAOSAHEB DADARAO JADHAV (DIED) L.RS. AND OTHERS. .....

Advocate for Applicants : Mr. Solshe Vinesh C Advocate for Respondents : Mr. S.B. Bhosle .....

CORAM : BHARAT P. DESHPANDE, J.

DATED : 25th AUGUST 2022 PER COURT:- 1.

This is an application for bringing legal heirs of deceased appellant No.2 on record.

2.

Heard.

3.

Learned counsel for the applicants submits that original appellant No.2 expired on 20.4.2021 and he is survived by the applicant/appellant Nos. 2A to 2D as mentioned in the para 2 of the civil application. He further submits that present application filed in the month of February, 2022 is within time considering the period of suspension of limitation by the Hon'ble Apex Court during pandemic and more specifically up to 28.02.2022.

4.

The record clearly goes to show that the application is filed

ca12040.22 -2within time, after excluding the suspension period of limitation by the Hon'ble Apex Court. Thus, the legal heirs of appellant No.2 could be brought on record. Hence, the following order:-

O R D E R

I.

Civil application stands allowed.

II.

Legal heirs of appellant No.2 are permitted to be brought on record as appellant Nos. 2A to 2D. Amendment to be carried out within 14 days.

III.

Civil application stands disposed of accordingly. (BHARAT P. DESHPANDE, J.) rlj/