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Bombay High CourtIA/10302/2022disposed off

Mahadev Keshav Sawant (Decd. Thr.Lrs) Patangrao M. Sawant (Decd.Thr.Lrs) Sangramsingh P. Sawnat v. Mahadeo Nivruti Sawnat (Decd.Thr.Lrs) Ganpati Mahadeo Sawant And ORS

2022-07-11Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

21-IA-10302-2022.doc Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.10302 OF 2022 IN SECOND APPEAL NO.144 OF 2019 Mahadev Keshav Sawant (since deceased)] through his Legal Representatives;

] Sangramsingh P. Sawant and others.

] Applicant

IN THE MATTER BETWEEN:

Mahadev Keshav Sawant (since deceased)] through his Legal Representatives;

] Ganpati Mahadev Sawant and others.

] Appellants Vs.

Mahadeo Nivruti Sawant (since deceased)] through his Legal Representatives;

] Ganpati Mahadeo Sawant and others.

] Respondents .....

Mr. Nikhil N. Pawar, for Applicant.

Ms. Jyoti Kawade h/f for Anant Vadgaonkar, for Respondents. .....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 11th JULY, 2022.

P.C.

1.

Appellant No.2 - Shankar Keshav Sawant has expired on 6th December, 2021 and, therefore, this is an application to bring his legal representatives on record. There is delay of 60 days which needs to be condoned in view of the judgment of the Supreme Court in Miscellaneous Application No.665 of 2021 in SMW (C) No.3 of 2020.

SHRIKANT HALKUDE Date: 2022.07.12 17:47:23 +0530 SHAILAJA SHRIKANT HALKUDE

21-IA-10302-2022.doc 2.

It is submitted that right to sue survives to the legal representatives of deceased appellant.

3.

The application is allowed in terms of prayer clause (b). Applicant shall carry out necessary amendment within two weeks from today. After amendment, amended copy be supplied to the respondents.

4.

Application stands disposed of. No order as to costs. [PRITHVIRAJ K. CHAVAN, J.]