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Bombay High CourtIA/20638/2022disposed off

Limbanna Apparao Jokare And ANR v. Shri. Rajeshekhar Apparao Jakare (Decd.Thr.Lrs) Shri. Shivganga Rajshekhar Jokare And ORS

2023-03-08Hon'Ble Shri Justice Madhav J. Jamdar2 pages

68-ia-20638-2022.doc Sonali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by SONALI MILIND PATIL Date:

2023.03.09 17:05:11 +0530 CIVIL APPELLATE JURISDICTION SONALI MILIND PATIL INTERIM APPLICATION NO. 20638 OF 2022 IN SECOND APPEAL NO.773 OF 2007 Limbanna Apparao Jokare & Anr.

...Applicants

Versus

Rajshekhar Apparao Jokare deceased through legal heir Shivganga Rajshekhar Jokare & Ors.

...Respondents

Mr. Surel S. Shah, for the Applicants.

Mr. P. P. Kulkarni, for the Respondents.

CORAM : MADHAV J. JAMDAR, J.

DATED : 8th MARCH 2023 P.C. :

1.

This Interim Application is taken out for bringing on record the legal heirs and representatives of deceased sole Respondent. Deceased sole Respondent passed away on 10th October 2010.

2.

Learned counsel appearing for the original Respondent by letter dated 3rd December 2019 communicated the details of legal heirs of deceased sole Respondent. It is the contention of 1/2

68-ia-20638-2022.doc Sonali Mr. Shah, learned counsel appearing for the Applicants that application has been filed after obtaining necessary information on 28th November 2022. He submitted that the Supreme Court due to COVID-19 pandemic has suspended the limitation period from 15th March 2020 to 28th February 2022.

3.

Even considering the aforesaid period, there is delay in filing the Interim Application.

4.

Mr. Kulkarni, learned counsel appearing for the Respondents strongly opposed the application. 5.

However, sufficient reasons are given in the Interim Application. For the reasons set out in the Interim Application, the same is allowed in terms of prayer clauses (a), (b), (c) and (e).

6.

Amendment be carried out within a period of two weeks from today.

7.

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

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