Smt. Indubai Bhagwan Khunte And ORS v. Baban Savla Gaikwad And ORS

77-ia-442-2022.doc Sonali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by SONALI MILIND PATIL Date:

2023.07.24 10:04:28 +0530 INTERIM APPLICATION NO. 442 OF 2022 SONALI MILIND PATIL IN SECOND APPEAL NO. 70 OF 2022 Smt. Indubai Bhagwan Khunte & Ors.

...Applicants

Versus

Baban Savla Gaikwad & Ors.

...Respondents

Mr. Arjun S. Pawar, for the Applicants.

Ms. Shraddha Pawar, i/b. Mr. S. A. Chavan, for the Respondent No.1. CORAM : MADHAV J. JAMDAR, J.

DATED : 19th JULY 2023 P.C. :

1.

Mr. Arjun Pawar, learned counsel appearing for the Applicants seeks leave to amend the prayer clause by adding the prayer of setting aside abatement and condonation of delay in filing the Second Appeal. 2.

Leave as prayed is granted. Amendment be carried out forthwith. 3.

This application is taken out to bring on record heirs of deceased Respondent No.1. There is delay in filing the application. 4.

Learned counsel appearing for the Respondent No.1 strongly opposes the application.

1/2

77-ia-442-2022.doc Sonali 5.

However, for the reasons set out in the application, the same is allowed in terms of prayer clauses (a) and (a.1). 6.

Amendment be carried out within a period of 14 days from today.

7.

The application is disposed of in above terms with no order as to costs.

[MADHAV J. JAMDAR, J.] 2/2