Popat Shivlal And Co. Thr Its Partner M.K.Kothari v. Shankar Sitaramseth Shimpi (Died) Subhadrabai Died Suresh Died Saroj And ORS

2025:BHC-AUG:3400 1 903-CA-1534.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1534 OF 2025 IN WP/3834/1998 POPAT SHIVLAL AND CO. THROUGH ITS PARTNER

VERSUS

SHANKAR SITARAMSHETH SHIMPI (DIED) THROUGH LRS. SUBHADRABAI (DIED) THROUGH LRS. AND OTHERS ...

Mr. Swanand Lathkar, Advocate h/f Mr. Subodh P. Shah, Advocate for Applicant Mr. R.M. Deshmukh, Advocate for Respondents ...

CORAM : MANJUSHA DESHPANDE, J.

DATE : 06th FEBRUARY, 2025 PER COURT :

1.

This civil application is filed for bringing legal heirs of respondent No.1C on record. Also, there is delay of 561 days caused in filing the present application.

2.

Learned advocate for applicant submits that respondent No.1C is expired on 21/11/2020 and applicant was not aware of this fact. During the pendency of writ petition, learned advocate for respondents filed pursis on 16/06/2021 intimating about the death of respondents and thereafter, applicant has taken necessary steps. 3.

During the pendency of writ petition respondent No.1A also expired, however, her legal heirs i.e. respondent Nos.1B and 1C were already on record, no steps were required to be taken in that regard.

4.

Circumstances about the delay caused has been SVH

2 903-CA-1534.odt satisfactorily explained by applicant. In view of the satisfactory explanation given by applicant, the civil application is allowed in terms of prayer clause 'A' and 'C'. Applicant to carry out necessary amendments within two weeks from today.

(MANJUSHA DESHPANDE, J.) SVH