Tukaram S/O Bhivaji Khanke (Dead) Thr. Lrs. Smt. Shantabai Wd/O Tukaram Khanke And Others v. Anusaya Wd/O Bhaiyyaji Tapase And Others

2024:BHC-NAG:713 1 5.CAS.473.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NO. 473 OF 2022 IN SECOND APPEAL NO. 112 OF 2020 Tukaram S/o. Bhivaji Khanke (dead) and other .VS.

Anusaya Wd/o. Bhaiyyaji Tapase and others _______________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Vinit Lohiya, Adv. h/f. Mr R. L. Khapre, Sr. Advocate for the appellants Ms Disha Chhajed, Adv. h/f. Mr Rohit Joshi, Advocate for respondent Nos. 1 to 3 CORAM :

G.A. SANAP, J.

DATE :

JANUARY 18, 2024.

Heard.

2.

This is an application for bringing on record the legal heirs of respondent No. 3, who according to the appellants died on 03.05.2021. The particulars of the legal heirs have been stated in para No. 3 of the application. It is submitted that respondent No.3 died during the Covid period and therefore, steps could not be taken to bring on record the legal heirs of respondent No.3. It is submitted that during this period for filing such proceeding, as per the order of the Hon'ble Supreme court, the period of limitation was extended.

2 5.CAS.473.2022 3.

In view of the facts stated in the application, the application is allowed.

4.

The appellants shall bring on record the legal heirs of respondent No.3, as prayed for. The amendment be carried out within one week.

5.

Learned Advocate for the respondents submitted that she has instructions to appear for the legal heirs of respondent No.3 i.e. respondent Nos. 3(a) to 3(c). 6.

The Second Appeal No.112/2020 be kept after two weeks.

7.

The application stands disposed of, accordingly. (G. A. SANAP, J.) Namrata