Maya Ganu Kadu Decd Thru Lhrs And ORS v. Maruti Balya Thakur Since Decd Thru Lhrs And ORS

ia 13386-24.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13386 OF 2024 IN WRIT PETITION NO. 6709 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.1g-Anandibai Mahadev Gawand and for condonation of delay of 2 years and 281 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. 1g 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 2 years and 281 days.

Patil-SR 1 of

ia 13386-24.doc 3.

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

4.

Interim Application is allowed.

5.

Amendment to be carried out within four 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 19:36:31