Prabhakar Digambar Ghorpade Died Lrs. Dnyenshwar Prabhakar Ghorpade And Others v. Ratnakar Digambar Ghorpade And Others

914-ca-531-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CIVIL APPLICATION NO.531 OF 2021 IN SA/528/2014 PRABHAKAR DIGAMBAR GHORPADE DIED LRS. DNYENSHWAR PRABHAKAR GHORPADE AND OTHERS

VERSUS

RATNAKAR DIGAMBAR GHORPADE AND OTHERS ...

Advocate for Applicants : Mr. Gholap Ajit M.

Advocate for Respondent No.2 : Mr. S. P. Salgare h/f Mr. N. V. Gaware Advocate for Respondent No.7 : Mr. M. R. Sonawane For R/7 ...

CORAM

:SMT. VIBHA KANKANWADI, J.

DATE : 10.08.2021 ORDER :- .

Present application has been filed for bringing legal heirs of the appellant on record.

2.

Though it appears that under mistaken facts, the applicant themselves are stating that there is technical abatement, yet it appears that it is in ignorance of the judgment of the Hon'ble Supreme Court in Suo Moto Writ Petition (C) No.3 of 2020 dated 08.03.2021 by which the limitation was extended due to pandemic situation. The appellant expired on 04.08.2020 and it appears that his wife also expired on 06.08.2021. Since the application is within limitation and appellant was the original plaintiff who had filed suit for declaration, partition and (1)

914-ca-531-2021.odt injunction, under such circumstance, the right to sue survives. 3.

Accordingly, application stands allowed and disposed of. 4.

Necessary amendment be carried out forthwith. [SMT. VIBHA KANKANWADI, J.] scm (2)