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Bombay High CourtIA/1024/2024allowed

Smt. Ushabai Laxman Kolhatkar (Deceased) Thr. Lrs. Sunita Hemant Kolhatkar v. Mrs. Meena Sudhakar Bhusari

2024-06-13Hon'Ble Shri Justice Milind N. Jadhav2 pages

227.CRA.328.2010+.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.328 OF 2010 Ushabai Laxman Kolhatkar (since deceased) her legal heirs .. Applicants

Versus

Meena Sudhakar Bhusari .. Respondent WITH CIVIL APPLICATION NO.438 OF 2011 IN CIVIL REVISION APPLICATION NO.328 OF 2010 WITH INTERIM APPLICATION NO.1024 OF 2024 IN CIVIL REVISION APPLICATION NO.328 OF 2010 ....................

 None for Applicant.

 Mr. Ashwin Bhadang, Advocate for Respondent.

...................

CORAM

: MILIND N. JADHAV, J.

DATE : JUNE 13, 2024 P.C.

:

1.

None for Applicant.

2.

Heard Mr. Bhadang, learned Advocate for Respondent. 3.

This Application is filed for bringing on record legal heirs of deceased Respondent who expired on 26.01.2016. Intimation and information of demise was communicated by Advocate only on 07.11.2023 to the Advocate for Applicant. I have perused the Application. Considering that this Application has been admitted in the year 2010 there cannot be any impediment in allowing the present Interim Application.

227.CRA.328.2010+.doc 4.

Hence for the reasons mentioned in the Application, Interim Application stands allowed. Legal heirs of deceased Respondent as stated in paragraph No.4 is directed to be impleaded as appropriate and necessary party in the Application. Amendment to be carried out within a period of two weeks from today and service of amended copy shall be done within a period of two weeks thereafter on newly added Respondent.

It is clarified that the delay is evident since communication of demise was not conveyed and was only conveyed in the year 2023. Abatement if any also stand set aside. Re-verification stands dispensed with.

5.

List Civil Revision Application on 11th July, 2024. 6.

With the above directions, Interim Application is disposed. H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date:

2024.06.14 15:21:04 +0530 HARSHADA HANUMANT SAWANT