M/S. J. Gala Builders,Bombay v. Dattatraya Arjun Palav (Since Deceased) Thrl Lrs. Smt. Shobhana Dattatraya Palav And ORS.

32 Ia-1560-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1560 OF 2024 IN FIRST APPEAL NO. 759 OF 2000 M/s. J. Gala Builders.

...Applicant.

In the matter between :

Sulochana C. Gawade and Others.

...Appellants.

Versus

Dattatraya Arjun Palav Since deceased Thr. L.Rs. and Others.

...Respondents.

------ Mr. Aditya P. Shirke for the Applicant.

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

Date : January 27, 2025.

P. C. :

1.

Interim Application has been preferred for bringing on record the legal heirs of deceased Respondent No.1(d) and for condonation of delay caused in preferring the present Application. 2.

Office noting indicates that notice issued to the proposed Respondents is duly served.

3.

Learned Counsel appearing for the Appellant submits that notice issued to the Respondent No.1(d) was returned with the remark expired and thereafter he made inquiries about the legal heirs of deceased Respondent no.1(d) and filed present Application. Patil-SR 1 of

32 Ia-1560-2024.doc 4.

Sufficient cause is shown for the delay in preferring the Application as the Appellant was unaware about the death of Respondent No.1(d) and details of his legal heirs. 5.

For the reasons stated, delay is condoned. Interim Application is allowed. Amendment to be carried out within a period of three weeks from today. Re-verification is dispensed with. [Sharmila U. Deshmukh, J.] Patil-SR 2 of Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 27/01/2025 20:37:00