Maya Ganu Kadu (Since Decd) Thorugh Lrs. And ORS. v. Shri. Maruti Balya Thakur Since Decd. Thr. Lrs. And ORS.

ia 13383-24.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13383 OF 2024 IN WRIT PETITION NO. 6707 OF 2015.

Maya Ganu Kadu (Since Decd) Thorugh Lrs. And Ors.

...Applicants.

Versus

Shri. Maruti Balya Thakur And Ors.

...Respondents.

------ Mr. Rahul Madan More for the Applicant.

Mr. Milind Parab i/b Milind Parab and Associates for Respondent. ------ Coram : Sharmila U. Deshmukh, J.

Date : November 26, 2024.

P. C. :

1.

Interim Application has been preferred for bringing on record the legal heirs of deceased Petitioner No.2-Shankar Ganya Kadu and for condonation of delay of 6 years and 69 days caused in preferring the present Interim Application and for setting aside abatement. 2.

Learned Counsel appearing for the Applicant submits that due to miscommunication between the legal heirs of deceased Petitioner No.2 and the Advocate on record, the Interim Application for bringing on record the legal heirs could not be filed within time and thus there is delay of 6 years and 69 days.

Patil-SR 1 of

ia 13383-24.doc 3.

Learned Counsel appearing for the Respondent does not seriously oppose the Application. For the reasons stated, the delay is condoned and abatement is set aside.

4.

Interim Application is allowed.

5.

Amendment to be carried out within 4 weeks from today. 6.

List the above Writ Petition on 8th January, 2025. [Sharmila U. Deshmukh, J.] Patil-SR 2 of Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 28/11/2024 19:37:50