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Bombay High CourtIA/2393/2021disposed off

Dharmu G. Khamkar (Decd. Thr.Lrs) Smt. Bhagarathibai D.Khamkar(Deceased) Shri. Ananta D. Khamkar v. Sakharam Dhondiba Chavan(Since Decd. Thr.Lrs) Smt. Parvati Sakharam Chavan

2021-12-13Hon'Ble Shri Justice A.S. Gadkari2 pages

Osk 23-Ia-2393-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2393 OF 2021 IN SECOND APPEAL NO. 522 OF 1995 Dharmu G. Khamkar (Since deceased) Through LRs. & Ors.

... Applicants/Appellants V/s.

Sakharam Dhondiba Chavan (Since deceased) Through LRs. & Ors.

... Respondents Mr.Jotiram R. Jadhav for Applicants/Appellants. CORAM : A.S. GADKARI, J.

DATE : 13th December 2021.

P.C. :

1.

This is an application for bringing legal heirs of sole Respondent on record.

There is a delay of 1237 days in filing the present application. 2.

It is stated that, the sole Respondent Sakharam Dhondiba Chavan passed away on 20th February 2017.

3.

Record indicates that, the proposed Respondent Smt. Parvati widow of Sakharam Chavan has been duly served in the matter. Despite service, none appears for the proposed Respondent. 1/2

Osk 23-Ia-2393-2021.odt 4.

In view of thereof and for the reasons stated in the Application, delay is condoned, abatement if any is set-aside and Application is allowed in terms of prayer Clauses (a) and (b).

5.

Necessary amendment be carried out within a period of three weeks from today.

[A.S. GADKARI, J.] by OMKAR SHIVAHAR KUMBHAKARN Date:

2021.12.14 14:35:22 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2