Mohan Anant Mahadik v. Ajit Prasad Anant Mahadik

26 IA 7310.24 IN SA 564.2010.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.7310 OF 2024 IN SECOND APPEAL NO.564 OF 2010 Mohan Anant Mahadik ...Applicant In the matter between :

Mohan Anant Mahadik & Ors.

...Appellants

Versus

Ajit Prasad Anant Mahadik & Ors.

...Respondents

Mr. Mohan Anant Mahadik, Applicant-in person Ms. Mrunalini M. Dalvi h/for B.K. Raje,Advocate for Respondent 2C.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

18th June 2025 P.C.:

1.

The relief sought in the Interim Application is to bring on record legal heirs of Respondent No.3, to set aside the Order of abatement against Respondent No.3 and also seeking condonation of delay in filing the present Application.

2.

Ms. Mrunalini Dalvi, learned Counsel appearing for Respondent No.2(c) strongly opposes the Interim Application. She states that some of the statements made in the Interim Application Dusane

26 IA 7310.24 IN SA 564.2010.DOC are incorrect. However, admittedly the Respondent No.3 has passed away and his legal heirs are as per Schedule-1. 3.

Accordingly, the Interim Application is allowed in terms of prayer clauses (a), (b) and (c).

4.

Amendment be carried out within a period of one week from today. Amended copy of the Second Appeal be served on all the Respondents or their Advocates within a period of two weeks after the amendment has been carried out.

5.

The Interim Application is disposed of in above terms with no order as to costs.

(MADHAV J. JAMDAR, J.) Dusane