Shri..A.R.Desai And Others. v. Shri.S.S.Patil And Others.
Megha 2_cas_503_2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.503 OF 2018 IN SECOND APPEAL NO.485 OF 1995 WITH SECOND APPEAL NO.485 OF 1995 Mrs. Shivubai Ramchandra Desai since deceased by her heirs and L.R.S. A) Annasaheb Ramachandra Desai since deceased by his heirs and L.R.S.
A1) Arvind @ Avinash Annasaheb Desai, since deceased by his heirs:- 1A(a) Smt. Sunita Avinash Desai and Ors.
...Applicants
Versus
Shamgonda Shidgonda Patil and Ors.
...Respondents
...
Mr. S.S. Patwardhan for the Applicants.
Ms Bhavika Shinde with Mr. Umesh Mankapure for Respondent Nos.5 and 7.
CORAM : SMT. ANUJA PRABHUDESSAI, J.
DATED : 10th OCTOBER, 2023.
P.C.:- CIVIL APPLICATION NO.503 OF 2018:- 1.
By this application, the Applicants have sought to bring on record the legal representatives of the deceased Appellant No.2-Mrs. Akkubai Patil. It is stated that application for bringing on record the legal 1/2
Megha 2_cas_503_2018.doc representatives of the deceased Appellant No.2 was filed in the Second Appeal No.374 of 1995 within the stipulated time. However, the same remained to be filed in this cross appeal due to inadvertence. It is further stated that the proposed legal representative of Appellant No.2, at Sr. No.14-Chanagonda Raygonda Patil, expired during the pendency of this application. An application being Civil Application No.604 of 2018 to bring on record the legal representatives of the said proposed legal representative has been allowed.
2.
The appeal is of the year 1995 and the same was pending since long without being taken on board. In such circumstances, the delay in filing the application appears to be bonafide. Hence, the application is allowed. Legal representatives of Appellant No.2 are ordered to be brought on record. Cause title to be amended within one week.
3.
The Civil Application stands disposed of.
SECOND APPEAL NO.485 OF 1995:- 4.
Time to carry out amendment as per order dated 18/07/2023 is extended by one week.
5.
Stand over to 26/10/2023.
(SMT. ANUJA PRABHUDESSAI, J.) Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 12/10/2023 10:54:20 2/2