Pramodlal Thakurlal Vaidya (Since Deceased Thr. Lrs. Kalpana P Vaidya And ORS.) v. Himmatlal V. Shah And Othrs

2025:BHC-AS:4237 11 ia522-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 522 OF 2025 IN FIRST APPEAL NO. 2575 OF 2007 Pramodlal Thakurlal Vaidya (since deceased) Through LRs. and Ors.

... Applicants.

In the matter between:

Arvind Thakurlal Vaidya and Anr.

... Appellants.

Versus

Himmatlal V. Shah and Ors.

... Respondents.

----- Mr. Gaurav Ugale i/by S.S. Kulkarni for the Applicants. Mr. A.R. Patil,AGP for the Respondent-State.

----- Coram : Sharmila U. Deshmukh, J.

Date : January 28, 2025 P. C. :

1.

Interim Application has been preferred for bringing on record the legal heirs of the deceased Appellant No.2 and for condonation of delay of 10 years and 123 days caused in preferring the Application and for setting aside abatement.

2.

Learned counsel appearing for the Respondent does not seriously oppose the Application for the reason that the First Appeal was of the year 2007 and the Appellant No.2 had expired during the pendency of the proceedings.

3.

For the reasons stated in the Application, the delay stands condoned. Application is allowed. Amendment to be carried out within a period of two weeks.

[Sharmila U. Deshmukh, J.] sa_mandawgad 1 of Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 29/01/2025 17:18:14