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Bombay High CourtIA/942/2021allowed

Suresh Dinkar Veer And ORS v. Dnyanu Krushna Patil And ORS

2021-04-01Hon'Ble Shri Justice Sandeep Kashinath Shinde3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION No. 942 OF 2021 WITH INTERIM APPLICATION NO. 943 OF 2021 IN SECOND APPEAL NO. 1495 OF 2005 Suresh Dinkar Veer ... Applicant

IN THE MATTER BETWEEN

Shivaji R. Veer ...Appellants Vs Dnyanu K. Patil & Ors.

... Respondents **** Mr. Shailesh Chavan i/by Mr. Milind Deshmukh for the Applicant.

Mr. P.D. Dalvi for the Respondent Nos. 1 to 3C. **** CORAM : SANDEEP K SHINDE J.

DATE : 1 st APRIL, 2021.

P.C. :

Heard. learned counsel for the applicant and Mr. Dalvi, learned counsel for the respondent nos. 1 to 3C. Shivgan 1/3

Applicant seeks to bring on record legal representatives of the respondent nos. 6 and 7. Respondent No.6 passed away on 22nd April, 2014; whereas respondent no.7 on 15th February, 2018. Thus, legal representatives of the deceased respondents were not brought on record within permissible time. Applications, are therefore seeking condonation of delay and order to set aside the abatement.

For the reasons stated in the application, delay of six years and 228 days caused in bringing legal representatives of the deceased respondent no.6 on record is condoned. Also, delay of two years and 295 days caused in bringing legal representatives of the deceased respondent no.7 on record is condoned.

Both the applications are allowed in terms of prayer clauses (a) and (b) of the respective application. Shivgan 2/3

Consequential amendments to be carried out within four weeks from today.

Copy of this order be placed in both the applications.

Applications are allowed and disposed of.

(SANDEEP K. SHINDE, J.) Shivgan 3/3