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Bombay High CourtIA/4064/2019disposed off

Keshavrao Bhau Jadhav Decd Through Lhrs v. Tasgaon Urban Co-Op.Bank Ltd.

2022-10-14Hon'Ble Shri Justice Milind N. Jadhav2 pages

28.ia.4064.19.doc S.S.Kilaje IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL CIVIL APPELLATE APPELLATE JURISDICTION JURISDICTION INTERIM APPLICATION NO. 4064 OF 2019 IN WRIT PETITION NO.4379 OF 2006 Keshavrao Bhau Jadhav (Deceased) Through legal heirs -Narayan Keshavrao Jadhav and Ors. .. Applicants In the matter between:

Keshavrao Bhau Jadhav .. Petitioner

Versus

Tasgaon Urban Co-op. Bank Ltd.

.. Respondents WITH WRIT PETITION NO. 5090 OF 2006 Tasgaon Urban Co-operative Bank Ltd., Tasgaon .. Petitioner

Versus

Keshavrao Bhausao Jadhav .. Respondents Mr. Balwant V. Salunkhe for Applicants.

CORAM

: MILIND N. JADHAV, J.

DATE : OCTOBER 14, 2022.

P.C.

:

1.

Heard learned Advocate for the Applicants.

2.

Learned Advocate for the Applicants submitted that Petitioner in Writ Petition No. 4379 of 2006, who is also Respondent No.2 in Writ Petition No. 5090 of 2006 has expired on 05.10.2019. His legal heirs are to be brought on record. Present Interim Application is for the said relief.

3.

For the reasons mentioned in the Application, Interim Application is allowed in terms of prayer clause (a) which reads thus:-

28.ia.4064.19.doc "(a). The Hon'ble Court be pleased to allow the Applicants to bring on record present Respondent Nos. 1a to 1e as a legal heirs of the deceased Petitioner i.e. Keshvrao Bhau Jadhav in present Writ Petition No. 4379 of 2006 as more particularly stated in clause title of present application by making necessary amendments."

4.

Amendment be carried out within a period of four weeks from today. In Writ Petition No. 5090 of 2006, Petitioner Bank is permitted to carry out the amendment of substituting name of Applicants as legal heirs of deceased Keshavrao Bhausao Jadhav.

5.

Re-verification is dispensed with.

6.

Copy of the amended cause title shall be provided to the Respondent Bank within a period of one week thereafter. 7.

With the above direction, Interim Application No. 4064 of 2019 stands disposed of.

8.

Writ Petition is adjourned to 17th November, 2022 before the Regular Court.

[ MILIND N. JADHAV, J. ] SONALI SATISH KILAJE by SONALI SATISH KILAJE Date: 2022.10.14 18:03:08 +0530