Shri Chandrakant Mahadev Ghatge v. Shri Dhondu Mahadev Ghatge And ORS

901 (i) caw 3-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3 OF 2015 IN WRIT PETITION NO. 473 OF 2013 Chandrakant Mahadev Ghatge ..Applicant In the matter between Dhondu Mahadev Ghatge through his POA Holder Chandrakant Mahadev Ghatge & Ors.

..Petitioners v/s.

Balkrishna Laxman Sukali & Ors.

..Respondents Ms. Jagruti Patil i/b. Kavyal Shah for the Petitioner/Applicant None for the respondent.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 15TH NOVEMBER, 2019.

P.C.

1.

The applicant herein has sought to condone the delay in bringing on record the legal representatives of deceased respondent no.1.

2.

Despite due service, none present for the legal representatives of the deceased respondent no.1.

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901 (i) caw 3-15.doc 3.

The respondent no.1 had expired on 7.6.2014. The learned Counsel for the applicant states that the Counsel representing the respondent no.1 had not intimated the factum of death or the date of death of the respondent no.1. She has stated that the application was filed immediately after the applicant learnt about the death. In view of the uncontroverted statement in the application and also considering the fact that the Counsel for the respondent no.1 had not reported the factum of death or date of death of the respondent, delay is condoned.

4.

The legal representatives of the respondent no.1 are ordered to be brought on record. Cause title be amended accordingly. 5.

Civil application stands disposed of.

(ANUJA PRABHUDESSAI, J.) pps