1 Shivaji Ananda Madane Deceased Through Legal Heirs v. 1 Kundalik Ananda Madane

77.903.17 sa.docx Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 903 OF 2017 WITH INTERIM APPLICATION NO. 10888 OF 2024 IN SECOND APPEAL NO. 903 OF 2017 WITH CIVIL APPLICATION NO. 1934 OF 2017 IN SECOND APPEAL NO. 903 OF 2017 IRESH MASHAL Shivaji Ananda Madne .....Appellant (Thru POA) Krishnath Shivaji Madne Digitally signed by IRESH MASHAL Date:

2024.08.03 12:06:06 +0530 Vs.

Kundlik Ananda Madne .....Respondent Mr. Mahindra B. Deshmukh for appellant CORAM : GAURI GODSE, J.

DATE :

29th JULY 2024 ORDER:

INTERIM APPLICATION NO. 10888 OF 2024:

1.

Office has placed before me only farad sheet of the interim application. Though the application is listed on board, copy of the same is not shared on the drive. Hence, original affirmed copy tendered by the learned advocate for the applicant is taken on record. 1/2

77.903.17 sa.docx 2.

This application is for bringing on record names of heirs and legal representatives of deceased sole appellant. 3.

Learned counsel for the applicant submits that application is within limitation. He submits that office remark that the application is beyond time is incorrect. He submits that appellant expired on 20th June 2023 and the present application is filed on 24th August 2023. Hence, the application is within limitation.

4.

Learned counsel for the applicant is right in submitting that the application is within limitation. Hence, application is allowed in terms of prayer clause (a) and (b). Amendment to be carried out within three weeks.

5.

At the request of learned counsel for the appellant, by way of last chance, list the second appeal under the caption for "Urgent Admission" on 8th October 2024.

[GAURI GODSE, J.] 2/2