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Bombay High CourtCA/11315/2021application allowed

Popat Tukadu Patil Died Thr Lrs Madhavrao Popat Patil Died Thr Lrs Subhadrabai Madhavrao And ORS v. Rupchand Tulshiram Patil Died Thr Lrs Hukumchand Rupchand Patil And ORS

2022-11-16Hon'Ble Shri Justice Rajesh S. Patil2 pages

911CA11315.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11315 OF 2021 IN SA/126/1997 POPAT TUKADU PATIL DIED THR LRS MADHAVRAO POPAT PATILDIED THR LRS SUBHADRABAI MADHAVRAO AND ORS

VERSUS

RUPCHAND TULSHIRAM PATIL DIED THR LRS HUKUMCHAND RUPCHAND PATIL AND ORS ...

Advocate for Applicants : Mr. Sangeet L.V.

Advocate for Respondent Nos. 1/a to 1/j : Ms. Namita Thole and Mr. Sanket Kulkarni h/f. Mr. V.T. Choudhary CORAM : RAJESH S. PATIL, J.

DATE : 16TH NOVEMBER, 2022 PER COURT :

1.

This application is filed for bringing on record legal heirs of sole applicant No. 2-D - Ashok Popat Patil. 2.

The Apex Court in Suo Motu Writ Petition (Civil) No. 3 of 2020 held as under :

"In computing the period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 28.02.2022 shall stand excluded....."

3.

In view of the aforesaid order passed by the Hon'ble Apex Court, this Civil Application is within time. Hence, Civil Application is allowed in terms of prayer clause ' A'.

911CA11315.odt 4.

Civil Application is accordingly disposed of. 5.

Amendment to be carried out within three weeks from today.

( RAJESH S. PATIL, J. ) SPChauhan