Shri. Appaso Laxman Patil And ORS. v. Shri. Shankar Ramchandra Patil

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3219 OF 2021 IN REJECTED CASE NO. 1615 OF 2017 Shri Appaso Laxman Patil and Ors.

...Applicants vs.

Shankar Ramchandra Patil (Decd. Thr. LRS.) 1 A. Shri Pandurang Shankar Patil and Ors.

...Respondents

ALONGWITH INTERIM APPLICATION NO. 3220 OF 2021 IN REJECTED CASE NO. 1615 OF 2017 Shri Appaso Laxman Patil and Ors.

...Applicants vs.

Shankar Ramchandra Patil

...Respondent

***** Mr. G. B. Pawar - Advocate for the Applicants Mr. Pratapsinh B. Rananavare - Advocate for the Appellant (Discharged) ***** CORAM :

S. M. MODAK, J.

DATE :

25th JULY, 2022 P. C. :- 1.

Heard the learned Advocate for the proposed Legal representatives of the sole deceased Appellant-Laxman Dnyanu Patil. This Court as per the Order dated 09/06/2017 was pleased to dismiss the Second Appeal (ST) No. 1188 of 2017, for removal of office objections. 2.

Interim Application No. 3219 of 2021 is filed for restoration of by SEEMA KSHITIJ YELKAR Date:

2022.07.27 15:02:04 +0530 SEEMA KSHITIJ YELKAR 1/3

Second Appeal alongwith condonation of delay of 1502 days. 3.

Whereas Interim Application No. 3220 of 2021 is filed for bringing on record the Legal representatives of deceased Appellant-Laxman Dnyanu Patil and Legal representatives of Respondent-Shankar Ramchandra Patil.

4.

The original appellant expired on 10/03/2019, whereas the Respondent No. 1 expired on 24/06/2021. There is also delay of 803 days in filing present application.

5.

For deciding the restoration application, first of all the Interim Application no. 3220 of 2021 needs to be decided. Considering the fact that there is a huge delay even that application cannot be decided unless the proposed Legal representatives of Respondent be heard. 6.

It is submitted that the Court has issued the notice of Interim Application No. 3220 of 2021. Even there is a power filed on behalf of the proposed Legal representatives of deceased Respondent No. 1 and Respondent No. 2 and 3 also. No one has appeared. 7.

For the reasons stated in the application, Interim Application no. 3220 of 2021 is allowed. Names of the proposed Legal representatives of deceased Appellant and names of the proposed Legal representatives of deceased Respondent No. 1 be added within a period of 14 days. Necessary amendment be carried out. Delay caused is also condoned. 2/3

8.

After the amendment, the Interim Application No. 3219 of 2021 be fixed for further hearing on 17/08/2022.

[S. M. MODAK, J.] 3/3