Taramani Purushottamdas Mohta, Thr. P.O.A. Rameshwar Hemraj Tetarwal v. Ghanshyamdas S/O Gopaldas Mohta And Others

92-cao-646-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (CAO) No. 646 of 2023 in Misc. Civil Application Stamp No. 7175 of 2023 in Civil Application (CAW) No. 770 of 2021 in Writ Petition No. 7151 of 2018 Smt. Taramani Purushottamdas Mohta, through P.O.A Rameshwar Hemraj Tatarwal

Versus

Ghanshyamdas S/o Gopaldas Mohta and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms. Anushree Bangde, Advocate h/s Shri S.D.Dewani, Advocate for the applicant.

CORAM : ANIL S. KILOR, J.

DATED : 16th FEBRUARY, 2024.

This is an application for condonation of delay in filing the present application.

2.

Heard learned counsel for the applicant, none for the non-applicant.

3.

Considering the reasons stated in the application, I am of the opinion that sufficient cause has SKNair

92-cao-646-23.odt been shown to condone the delay. Accordingly, the delay is condoned. The application is allowed. Misc. Civil Application Stamp No. 7175 of 2023 For the reasons stated in the application, the application is allowed. The writ petition is restored against the respondent no.1 subject to service of notice to the legal heirs of the respondent no.1 on or before 27th March, 2024.

Civil Application (CAW) No. 770 of 2021 in Writ Petition No. 7151 of 2018 1.

The office is directed to issue notice to the legal heirs of the respondent no.1, returnable on 27th March, 2024.

2.

The petitioner is permitted to serve the legal heirs of the respondent no.1 by private mode of service, in addition to regular mode of service and file affidavit of service by next date, failing which the petitioners shall deposit costs of Rupees Five Hundred with High Court Legal Services Sub-Committee, Nagpur.

3.

Till then, interim to continue.

[ANIL S. KILOR, J.] SKNair