Mrs. Shivubai Mahadeo Khatake (Since Decd. Thr.Lrs)Bhagyashri Audumbar Khatake And ORS v. Narayan Tukaram Sarvade (Since Decd. Thr.Lrs)Maruti Narayan Sarvade And ORS

URS 1 3-IA 2558-21 in SA 123-02.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2558 OF 2021 IN SECOND APPEAL NO.123 OF 2002 Mrs. Shivubai Mahadeo Khatake ] (Since Deceased) ] 1A) Bhagyashri Audumbar Khatake & Ors. ] ... Applicants

Versus

Narayan Tukaram Sarvade ] (Since Deceased) Through Legal Heirs ] 1A. Maruti Narayan Sarvade & Ors.

] ... Respondents Mr. Ashutosh Kulkarni for Applicants.

Mr. Shrishail Sakhare for Respondent No.1.

CORAM :- A. S. GADKARI , J.

DATE :- 28 SEPTEMBER , 20 P. C. :- 1.

This is an Application for bringing legal heirs and representatives of Appellant No.3 on record.

There is a delay of 7 years and 304 days in filing the present Application.

2.

Mr. Sakhare, learned Counsel appearing for Respondent No.1, has no serious objection for condonation of delay and allowing the Application.

UMESH RAMESH SHINDE by UMESH RAMESH SHINDE Date: 2021.10.01 11:28:26 +0530

URS 2 3-IA 2558-21 in SA 123-02.odt 3.

Perusal of Application indicates that sufficient cause is made out for condonation of delay.

In view thereof, delay is condoned. Abatement, if any, is set aside and the Application is allowed in terms of prayer clauses (b), (c) and (d).

Amendment to be carried out within a period of two weeks from today.

(A. S. GADKARI, J.)