Brijesh Bhavarilalji Sanghvi And Another v. Amrutraj Bhavarilalji Sanghvi Died Thr Lrs Ritesh Amrutraj Sanghvi And Others

1 ca 4981.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4981 OF 2022 IN WRIT PETITION NO. 5887 OF 2017 Brijesh Bhavarilalji Sanghvi and another .. Applicants

Versus

Amrutraj Bhavarilalji Sanghvi Since deceased through L.Rs.

Ritesh Amrutraj Sanghvi and others .. Respondents Shri M. N. Shikh, Advocate h/f Shri S. S. Kazi, Advocate for the Applicants.

Shri Ruchir Wani, Advocate for the Respondent No. 1A. Ms. Harshita Manglani, Advocate for the Respondent No. 2. CORAM :

SHARMILA U. DESHMUKH, J.

DATE :

10TH JANUARY, 2023.

FINAL ORDER :

.

At the request of the learned counsel for the applicants leave to amend the names of the respondent No. 1C from Vaishali to Disha and respondent No. 1D from Reshma Akshaykumar Karnawat to Reshma Amol Karnawat is granted. Amendment to be carried out forthwith.

2.

This civil application has been preferred by the applicants for bringing on record the legal heirs of the deceased respondent No. 1 and for condonation of delay of 1034 days occurred in bringing the legal heirs on record.

2 ca 4981.22 3.

The application has been opposed by the learned advocate for the proposed respondents on the ground of delay. 4.

Para No. 4 of the civil application sets out the reason as to why application could not be filed within the period of limitation. 5.

For the reasons set out in the application, the delay of 1034 days caused in bringing the legal heirs of the deceased respondent No. 1 is condoned. The civil application is allowed. The legal heirs of the deceased respondent No. 1 be taken on record. Amendment to be carried out within a period of two (02) weeks from today. The civil application is disposed of. 6.

Copy to be served upon the legal heirs of the deceased respondent within a period of two (02) weeks from today. [SHARMILA U. DESHMUKH, J.] bsb/Jan. 23