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Bombay High CourtIA/1180/2024disposed off

Sachin Nana Shinde And ORS. v. Kumari Meghana Ashok Aru @ Sou. Meghana Pankaj Yadav And ORS.

2025-02-27Hon'Ble Shri Justice G. S. Kulkarni , Hon'Ble Justice Advait M. Sethna2 pages

12-IA-1180-2024-IN-FA-266-2024.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1180 OF 2024 IN FIRST APPEAL NO. 266 OF 2022 Sachin Nana Shinde & Ors ...Applicants

IN THE MATTER BETWEEN

Sachin Nana Shinde & Ors ...Appellants

Versus

Kumari Meghna Ashok Aru alias Sou Meghana Pankaj Yadav & Ors

...Respondents

Mr Shriram Kulkarni, with Sachin Chavan, for the Applicants/ Appellants.

Mr Drupad Patil, for Respondent No. 2.

SHEPHALI SANJAY MORMARE SHEPHALI SANJAY MORMARE Date: 2025.02.28 11:07:47 +0530

CORAM

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATED:

27 FEBRUARY 2025 PC:- 1.

By this interim application, the applicant/appellant has prayed to bring on record the legal heirs of respondent no. 4(b), who has expired during the pendency of the present appeal. 2.

Having perused the averments made in the application, we find that the delay in filing of this application, as also the averments 27 February 2025

12-IA-1180-2024-IN-FA-266-2024.DOC as set out to bring on record the legal heirs are sufficient for us to proceed to set aside the abatement of the appeal against respondent no. 4(b). There is also no written opposition to this application as filed by any of the parties.

3.

In this view of the matter, we are inclined to allow the interim application in terms of prayer clauses (a) to (c). 4.

Let appropriate amendments be carried out within a period of two weeks from today. Amended copy of the appeal memo to be served on all the parties.

5.

Interim application stands disposed of in the aforesaid terms. No costs.

(ADVAIT M. SETHNA, J) (G. S. KULKARNI, J) { 27 February 2025