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Bombay High CourtIA/600/2023disposed off

Maruti Shankar Lokhande (D/H) Anjirabai Maruti Lokhande And ORS v. Ramchandra Shankar Lokhande(D/H) Sambhaji Ramchandra Lokhande And ORS

2023-02-23Hon'Ble Shri Justice Milind N. Jadhav5 pages

HARSHADA H. SAWANT ( P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE CIVIL APPELLATE JURISDICTION JURISDICTION INTERIM APPLICATION NO.598 OF 2023 WITH INTERIM APPLICATION NO.600 OF 2023 WITH INTERIM APPLICATION NO.602 OF 2023 WITH INTERIM APPLICATION NO.605 OF 2023 IN SECOND APPEAL NO.804 OF 2002 Maruti Shankar Lokhande (since deceased) through legal heirs -1a Anjirabai Maruti Lokhande and Ors.

.. Applicants

Versus

Ramchandra Shankar Lokhande (Since deceased) Through legal heirs - Hirabai w/o Ramchandra Lokhande and Ors.

.. Respondents ....................

 Mr. Sushil Inamdar, Advocate for Applicants  Ms. Amisha Lolusare i./by Mr. Ranjit Thorat, Advocate for Respondents ...................

CORAM

: MILIND N. JADHAV, J.

DATE : FEBRUARY 23, 2023 P.C.

:

1. Heard Mr. Inamdar, learned Advocate for Applicants and Ms. Lolusare, learned Advocate for Respondents.

INTERIM APPLICATION NO.598 OF 2023 2.

Perused the Interim Application No.598 of 2023 2.1.

Interim Application No.598 of 2023 is filed for bringing the legal heirs

of deceased Appellant who expired on 18.09.2015. 2.2.

2.3.

approximately 4 years and 11 months, however delay cannot be attributable to the Applicants. Second Appeal was filed and admitted in the year 2002.

2.4.

For the reasons mentioned in the Interim Application, Interim Application No.598 of 2023 stands allowed in terms of prayer 2.5.

With the above directions, Interim Application No.598 of INTERIM APPLICATION NO.600 OF 2023 3.

Perused the Interim Application No.600 of 2023 3.1.

Interim Application No.600 of 2023 is filed for bringing the legal heirs of deceased Respondent No.3 who expired on 16.09.2012. 3.2.

3.3.

approximately 7 years and 10 months, however delay cannot be attributable to the Applicants.

3.4.

For the reasons mentioned in the Interim Application and considering that the matter was admitted in the year 2002, Interim Application No.600 of 2023 stands allowed in terms of prayer clauses (a) and (b). Amendment to be carried out within a period of one week from today. Re-verification is dispensed with. Copy of the 3.5.

With the above directions, Interim Application No.600 of INTERIM APPLICATION NO.602 OF 2023 4.

Perused the Interim Application No.602 of 2023 4.1.

Interim Application No.602 of 2023 is filed for bringing the legal heirs of Respondent No.4 who expired on 09.04.2008. 4.2.

4.3.

approximately 12 years and 2 months, however delay cannot be

attributable to the Applicants.

4.4.

For the reasons mentioned in the Interim Application, Interim Application No.602 of 2023 stands allowed in terms of prayer 4.5.

With the above directions, Interim Application No.602 of INTERIM APPLICATION NO.605 Of 2023 5.

Perused the Interim Application No.605 of 2023 5.1.

Interim Application No.605 of 2023 is filed for bringing the legal heirs of Respondent No.1 who expired on 18.12.2016. 5.2.

5.3.

approximately 4 years and 8 months, however delay cannot be attributable to the Applicants.

5.4.

For the reasons mentioned in the Interim Application, Interim Application No.605 of 2023 stands allowed in terms of prayer

5.5.

With the above directions, Interim Application No.605 of 6.

List the Second Appeal on 02nd March, 2023.

[ MILIND N. JADHAV, J. ] by AJAY TRAMBAK UGALMUGALE Date: 2023.02.24 18:43:11 +0530 AJAY TRAMBAK UGALMUGALE