Parshuram Shivram Sonawane Since Dec. Thr. Lrs. 1) Smt. Laxmibai Parshuram Sonawane And ORS. v. Chief Officer, Bombay Housing And Area Development Board And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION BALAJI GOVINDRAO PANCHAL INTERIM APPLICATION NO.8641 OF 2024 BALAJI GOVINDRAO PANCHAL Date: 2024.08.09 15:07:52 +0530 IN FIRST APPEAL NO.69 OF 2005 Parshuram Shivram Sonawane Since deceased through legal heirs Smt. Laxmibai Parshuram Sonawane & Ors.

..Applicants

Versus

Chief Officer, Bombay Housing And Area Development Board & Ors.

..Respondents Ms. Prapti Shetty a/w Kainaz Irani i/by Satish Chetiyar, for the Applicants.

Mr. Kevin Pereira i/by Sushmit Phatale, for Respondent Nos.3 to 11. CORAM : SHAILESH P. BRAHME, J.

DATE : 9th AUGUST, 2024 P. C.

1.

Heard learned counsel for the Applicants and learned counsel for Respondent Nos.3 to 11.

2.

None appears for Respondent Nos.1 and 2.

3.

This Application is for condonation of delay, setting aside abatement and bringing heirs of Appellant No.1 on record. There is delay of 117 days in taking steps against deceased Appellant No.1/Parshuram Shivram Sonawane. Appellant No.1 died on 7th July, 2023. Learned counsel for the Applicants submits that

for the reasons stated in paragraph No.9, the delay deserves to be condoned. It is further contended that delay is not deliberate and the cause of action survives against heirs of Appellant No.1, who are the Applicants before the Court.

4.

Learned counsel for Respondent No.3 to 11 submits that a communication is addressed to learned counsel for the Appellant informing death of Respondent No.3(a) Smt. Shankar Raskar and Respondent No.9A. He would oppose condonation of delay for bringing heirs of Appellant No.1 on record.

5.

There is delay of 117 days in filing this Application, for setting aside abatement and consequently for bringing heirs of Appellant No.1 on record.

6.

For the reasons stated in paragraph Nos.9 and 10, it would be in the interest of justice to permit the Applicants to bring on record the heirs of deceased Appellant No.1. The matter is old one and needs to be considered on merits. The cause of action survives against heirs of deceased Appellant No.1. It is desirable to condone delay and permit the Applicants to bring on record heirs of the Appellant No.1.

7.

So far as the contention of learned counsel for Respondent Nos.3 to 11 is concerned, Appellant is at liberty to take steps against deceased Respondent Nos.3(a) and 9(a). Although, it

is informed that Respondent No.9(a) also passed away, but the memo of First Appeal does not indicate name of Respondent No.9(a). Hence, following order is passed :-

ORDER

I) The delay is condoned and Interim Application is allowed in terms of prayer clause (a) to (c).

II) Leave is granted to the Appellant to amend memo of the Appeal to the extent of Respondent No.9(a).

(SHAILESH P. BRAHME, J.)