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Bombay High CourtIA/984/2025allowed

Mohanbhai Magan v. Shri Rasik Bica And ORS.

2025-01-27Hon'Ble Justice Sharmila U. Deshmukh1 pages

23 Ia-984-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 984 OF 2025 IN FIRST APPEAL NO. 620 OF 2013 Mohanbhai Magan ...Applicant.

In the matter between :

Magan @ Mangalal Vira and Others.

...Appellants.

Versus

Shri Rasik Bica and Others.

...Respondents.

------ Mr. Mehul Shah for the Appellant.

Ms. Teja Katdare for the Respondent.

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

Date : January 27, 2025.

P. C. :

1.

Interim Application has been preferred seeking leave to delete the name of Smt. Ganga Maganlal, i.e., Appellant No.2 from the cause title of First Appeal as she had expired on 24th October 2020 and her legal heirs Mohanbhai and Savitaben are already on record and for condonation of delay of 1438 days caused in filing the present Application.

2.

As the legal heirs are already on record there is no question of any abatement. Delay, if any, stands condoned. Leave to delete the name of deceased Ganga from the cause title of First Appeal is granted. Interim Application is allowed. Amendment to be carried out within two weeks from today.

[Sharmila U. Deshmukh, J.] Patil-SR 1 of Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 27/01/2025 19:27:35