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Bombay High CourtIA/15517/2023disposed off

Pandurang Ravaji Raut Since Deceased Thr Lrs v. Pundalik Shamrao Raut

2025-01-10Hon'Ble Ms. Justice Gauri Godse3 pages

Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 15517 OF 2023 INTERIM APPLICATION NO. 15520 OF 2023 INTERIM APPLICATION NO. 15524 OF 2023 INTERIM APPLICATION NO. 15533 OF 2023 INTERIM APPLICATION NO. 15529 OF 2023 INTERIM APPLICATION NO. 15521 OF 2023 INTERIM APPLICATION NO. 15536 OF 2023 INTERIM APPLICATION NO. 15543 OF 2023 IN SECOND APPEAL NO. 469 OF 2008 Pandurang Ravaji Raut Since Decd .....Applicant Thr LRs Vs.

Pundalik Shamrao Raut .....Respondent IRESH MASHAL WITH INTERIM APPLICATION NO. 15518 OF 2023 IN WRIT PETITION NO. 3829 OF 1993 Digitally signed by IRESH MASHAL Date:

2025.01.16 10:55:35 +0530 Mrs. Avice Misquitta Decd. Wd/o ....Applicant Vs.

Mrs. Christabelle Dsilva Decd. Thr. LRS ....Respondents and ors Mr. Mayank Tripathi h/f Mr. Bhushan Walimbe for the applicants Mr. Niket Harit i/b Mr. Manoj Harit and Co. for respondent nos. 2, 4 and 1/3

CORAM : GAURI GODSE, J.

DATE :

10th JANUARY 2025 ORDER:

INTERIM APPLICATION NO. 15529 OF 2023:

1.

This application is for bringing on record names of heirs and legal representatives of deceased respondent no. 5. There is delay in filing the application.

2.

Office remark shows that as per the court order dated 8th February 2024, notice is served upon respondent numbers 5a to 5d. Though served none appears for them.

3.

There is no opposition to reasons stated in the application for condonation of delay and setting aside the abatement. 4.

Application is therefore allowed in terms of prayer clause (a) and (b). Amendment to be carried out within four weeks. INTERIM APPLICATION NO. 15533 OF 2023:

5.

Office is directed to place on record service report upon respondent nos. 3a to 3d.

INTERIM APPLICATION NO. 15524 OF 2023:

6.

Await service. Stand over to 24th March 2025. 2/3

INTERIM APPLICATION NO. 15517 OF 2023:

7.

This application is for bringing on record names of heirs and legal representatives of deceased respondent no. 7. There is delay in filing the application. Office remark shows that as per court order dated 8th February 2024, notice to respondent number 7a - 7c is served. Though served none appears for the said respondents. 8.

There is no opposition to condonation of delay and setting aside abatement. Hence, application is allowed in terms of prayer clause (a) and (b). Amendment to be carried out within four weeks. INTERIM APPLICATION NO. 15543 OF 2023:

9.

Await service till 24th March 2025.

INTERIM APPLICATION NO. 15536 OF 2023, INTERIM APPLICATION NO. 15520 OF 2023 AND INTERIM APPLICATION NO. 15521 OF 2023:

10.

Stand over to 24th March 2025.

[GAURI GODSE, J.] 3/3