← Library
Bombay High CourtIA/11716/2024disposed off

Mrs. Shakuntala Ramanand Bhat (Through Power Of Attorney Holder Appellant No.2) And ORS. v. Smt. Leela Krishnamurti Bhat And ORS.

2024-12-03Hon'Ble Shri Justice B.P. Colabawalla , Hon'Ble Shri Justice Somasekhar Sundaresan3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 11716 OF 2024 LAXMI SUBHASH SONTAKKE IN FIRST APPEAL NO.1410 OF 2016 LAXMI SUBHASH SONTAKKE Date: 2024.12.04 10:57:06 +0530 Shakuntala Ramanand Bhat & Ors.

.. Applicants/Appellants

Versus

Leela K. Bhat & Ors.

.. Respondents Adv. S. C. Wakankar for the Applicants/Appellants. Adv. Sandeep Salunkhe for the Respondent Nos. 1, 2A, 2B, 3 & 4.

CORAM:

B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE:

P. C.

1.

The above Interim Application is filed seeking to bring on record the legal heirs of Original Respondent No.2, who expired on 13th November, 2022. There is also some delay in bringing on record the said heirs. 2.

The learned Advocate appearing for the legal heirs, and who are proposed to be joined as Respondent Nos. 2A and 2B to the above Appeal,

has fairly stated that they have no objection if they are brought on record in place of Original Respondent No. 2 (the deceased). 3.

Considering the fair stand taken, the above Interim Application is allowed in terms of prayer clauses (a) and (b) which read thus: "(a) That the delay of 1 year and 6 months in filing the application for bringing on record the heirs of Respondent No.2 be condoned.

(b) That the name of Respondent No. 2A] and 2B] be shown as the heir and legal representative of Respondent No.2 and the cause title be allowed to be amended accordingly."

4.

The amendment shall be carried out within a period of two weeks from today and the amended copy of the Appeal and all proceedings in the said Appeal shall be served on the Advocate appearing for the newly added Respondent Nos. 2A and 2B.

5.

The above Interim Application is disposed of in the aforesaid terms. No order as to costs.

6.

Considering the Appeal is of the year 2016, place it on board for final hearing on 25th January, 2025.

7.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [SOMASEKHAR SUNDARESAN, J.] [B. P. COLABAWALLA, J.]