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Bombay High CourtCAS/1805/2013allowed

Shri Chandrakant Ramchjandra Mahajn v. Mahadeo Bandu Mahajan Since Deceased Through His Lrs.

2024-11-28Hon'Ble Ms. Justice Gauri Godse4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1805 OF 2013 rrpillai WITH CIVIL APPLICATION (ST) NO. 22583 OF 2018 WITH CIVIL APPLICATION (ST) NO. 22586 OF 2018 WITH CIVIL APPLICATION (ST) NO. 22589 OF 2018 WITH CIVIL APPLICATION (ST) NO. 22333 OF 2021 IN SECOND APPEAL NO. 465 OF 1995 Shri Chandrakant Ramchandra Mahajan ...

Applicant Vs.

Kedu Laxman Agre and Others ...

Respondents Mr. Murlidhar L. Patil for the Applicant.

Ms. Priyanka A. Babar i/b. Mr. Tejpal S. Ingale for Respondent Nos. 1A(i) to 1(A)(iv) CORAM : GAURI GODSE, J.

DATE :

28th NOVEMBER 2024 ORDER :

Civil Application (St) No. 22583 of 2018 1.

Not on board. Taken on board. This application is for bringing on record names of heirs and legal representatives of deceased respondent no. 1A. There is delay in filing the application. Heirs and legal representatives are represented through Advocate. In the facts by RAJESHWARI RAMESH PILLAI Date:

2024.12.14 10:39:37 +0200 RAJESHWARI RAMESH PILLAI 1/4

and circumstances of the case delay is condoned. Application is allowed in terms of prayer clause (b), (c) and (d). Amendment to be carried out within three weeks.

2.

Civil Application is disposed of accordingly. Civil Application (st) no. 22586 of 2018 3.

Not on board. Taken on board. Issue notice to respondent no. 3(i) and 3(ii) returnable on 6th March 2025.

4.

In addition to court notice, learned Advocate for the applicant to serve respondent nos. 3(i) and 3(ii) by private service and file service affidavit before the next date.

Civil Application (St) no. 22584 of 2018 5.

Not on board. Taken on board. This application is for deleting the name of respondent no. 1B. Learned counsel for the applicant submits that the heirs and legal representatives are already on record in a different capacity. Particulars of the same are stated in the application.

6.

Application is allowed in terms of prayer clause (b), (c) and (d). Amendment to be carried out within three weeks. 2/4

7.

Civil Application is disposed of accordingly. Civil Application No. 22343 of 2021 8.

Not on board. Taken on board. Learned counsel for the applicant submits that this application is for deleting the name of respondent no. 1C(iv).

9.

Application is allowed in terms of prayer clause (a). Amendment to be carried out forthwith in the court. 10.

Civil Application is disposed of accordingly. Civil Application No. 1805 of 2013 11.

This application is for bringing on record names of heirs of legal representative of respondent nos. 1(C). As per office remarks the heirs and legal representatives are served. There is delay in filing the application. None appears for the heirs and legal representatives.

12.

In view of the facts and circumstances of the case delay is condoned and the application is allowed in terms of prayer clause (a) and (b). Amendment to be carried out within three weeks. 13.

Civil Application is disposed of accordingly. 3/4

Second Appeal No. 465 of 1995 14.

After amendments are carried out office is directed to issue notice to the added respondents.

15.

List the Second appeal under the caption for direction after on 6th March 2025.

[GAURI GODSE, J.] 4/4