Ila Vishwambhar Gaonkar v. Vishwanath Sinai Khandeparkar (Dec) And ANR

IN THE HIGH COURT OF BOMBAY AT GOA MISCELLANEOUS CIVIL APPLICATION No. 4 OF 2021 IN SECOND APPEAL No. 5 OF 2007 ILA VISHWAMBHAR GAONKAR .... Applicant

Versus

VISHWANATH SINAI KHANDEPARKAR AND ANR.

.... Respondents Mr. Abhijeet Sawant, Advocate for the Applicant. Mr. T. Sequeira, Advocate for the Respondents. Coram :- BHARATI H. DANGRE, J.

Date : 29 th January, 2021 P.C.

:

1.

The applicant has taken out the application since the appellant no.1 in the appeal Shri Vishwambher P. Gaonkar expired on 15.03.2018. It is proposed to bring his legal heirs on record. 2.

In filing the application seeking leave for bringing the legal heirs of the appellant no.1 on record, there is a delay since the application is filed on 21.01.2021. The reasons for the delay are narrated in paragraphs no.2, 3 and 4 of the application. 3.

On hearing the learned counsel for the appellant and the

counsel for the respondents who have no objection for allowing the present application, I find that the application deserve to be allowed since the appellant though represented through his wife, i.e. appellant no.2 is on record, his other heirs being the sons, daughters, daughters-in-law & sons-in-law should be on record for effective adjudication of the appeal.

4.

For the reasons stated in the application, it is allowed by condoning the delay.

5.

The necessary amendment to be carried out within a period of 2 weeks. Renotify after three weeks. BHARATI H. DANGRE, J msr.