Smt. Sarita Rajaram Ghag And ORS. v. Dattaram Tukaram Ghag And ORS.

1 ia-1-19 in sa-826.19 - 4.odt pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1 OF 2019 IN SECOND APPEAL NO.826 OF 2019 Smt. Sarita Rajaram Ghag and Ors.

... Applicants Vs.

Dattaram Tukaram Ghag and Ors.

... Respondents Mr. Vishwanath Talkute i/b. Mr. Shankar Maruti Katkar for the Applicants.

None for the Respondents.

CORAM : SMT. SADHANA S. JADHAV, J.

DATE : 17th DECEMBER 2019.

P.C.:

These are applications seeking relief of bringing the legal heirs on record in second appeal. Application No.1 of 2019 is filed for bringing the legal heirs of Dattaram Ghag on record who happens to be Respondent No.1 in the second appeal. The Respondent No.1 has expired on 25th June 2019. The death certificate is on record. There is delay of 26 days in filing the application.

2 ia-1-19 in sa-826.19 - 4.odt It is submitted that since the suit is for partition and possession of ancestral property appellant could not contact her Advocate immediately and therefore, there is a delay of 26 days. For the reasons assigned in paragraph Nos.6 and 7 of the application the delay of 26 days deserves to be condoned in the interest of justice and the application deserves to be allowed in terms of prayer clauses (a) and (b). Application is allowed and disposed of.

(SMT. SADHANA S. JADHAV, J.)