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Bombay High CourtIA/2689/2022allowed

Murlidhar Eknath Ghode And ORS v. Satish Vishnu Nalwade And ORS

2022-07-20Hon'Ble Shri Justice S. M. Modak3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2689 OF 2022 WITH INTERIM APPLICATION NO. 2691 OF 2022 WITH INTERIM APPLICATION NO. 2692 OF 2022 WITH INTERIM APPLICATION NO. 2690 OF 2022 IN SECOND APPEAL NO. 497 OF 2019 Murlidhar Eknath Ghode and Ors.

...Applicants vs.

Satish Vishnu Nalwade and Ors.

...Respondents

ALONGWITH INTERIM APPLICATION NO. 2693 OF 2022 WITH INTERIM APPLICATION NO. 2697 OF 2022 WITH INTERIM APPLICATION NO. 2694 OF 2022 WITH INTERIM APPLICATION NO. 2695 OF 2022 IN SECOND APPEAL NO. 742 OF 2018 Malubai Chandrahar @ Vishnu Patil and Ors.

...Applicants vs.

Satish Vishnu Nalwade and Ors.

...Respondents

***** Mr. Bhushan Walimbe - Advocate for the Applicants in All Ias. Mr. Rahul B. Vijaymane i/by Mr. S. A. Rajeshirke - Advocate for the Respondent Nos. 1 to 3.

***** CORAM :

S. M. MODAK, J.

DATE :

20th JULY, 2022 P. C. :- by SEEMA KSHITIJ YELKAR Date:

2022.07.25 15:42:36 +0530 SEEMA KSHITIJ YELKAR 1/3

INTERIM APPLICATION NO. 2689 OF 2022 1.

Heard learned counsel for the Applicants.

2.

Respondent No. 4 expired on 25/03/2021. Copy of the death certificate is annexed. Respondent Nos. 4a to 4c are the proposed Legal representatives. They are Respondent Nos. 1 to 3 were already on record. Their learned Advocate is present. He waives notice for Respondent Nos. 4a to 4c.

3.

For the reasons stated in the application, the delay is condoned and application is allowed in terms of prayer clause- 'b'. Necessary amendment to be carried out.

4.

Accordingly, Interim Application is disposed of. INTERIM APPLICATION NO. 2691 OF 2022 5.

Heard learned counsel for the Applicants.

6.

Respondent No. 6 expired on 06/09/2019. There is a delay. 7.

Issue notice to the Respondent No. 6a. Copy of this application be served on other Respondents also.

8.

Stand over to 07/09/2022 INTERIM APPLICATION NO. 2692 OF 2022 9.

Heard learned counsel for the Applicants.

2/3

10.

Respondent No. 13 expired on 18/09/2020. Copy of the death certificate is annexed. There is a delay.

11.

Issue notice to the Respondent Nos. 13a to 13e. Copy be supplied on other Respondents/proposed legal heirs.

12.

Stand over to 07/09/2022.

INTERIM APPLICATION NO. 2690 OF 2022 13.

Heard learned counsel for the Applicants.

14.

Respondent No. 19 expired on 26/09/2020. Copy of the death certificate is annexed. There is a delay.

15.

Issue notice to the proposed Respondent Nos. 19a to 19c. Copy be supplied on legal heirs/proposed Respondents. 16.

Stand over to 07/09/2022.

INTERIM APPLICATION NO. 2693 OF 2022 WITH INTERIM APPLICATION NO. 2697 OF 2022 WITH INTERIM APPLICATION NO. 2694 OF 2022 WITH INTERIM APPLICATION NO. 2695 OF 2022 IN SECOND APPEAL NO. 742 OF 2018 17.

Interim Application Nos. 2639, 2697, 2694 of 2022 in Second Appeal No. 742 of 2018, stand over to 07/09/2022. 18.

Ad-interim relief granted earlier to continue till the next date. [S. M. MODAK, J.] 3/3