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

2-(a)-IA-13387-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13387 OF 2024 IN WRIT PETITION NO. 6834 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 for Respondent.

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

Digitally signed by TALLE SHUBHAM ASHOKRAO Date:

2024.10.01 18:21:40 +0530 TALLE SHUBHAM ASHOKRAO Date : October 1, 2024.

P. C. :

1.

Interim Application has been preferred for bringing on record the legal heirs of the 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 mis communication between the legal heirs of the 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.

3.

Learned Counsel appearing for the Respondent has not Shubham Talle 1 of

2-(a)-IA-13387-2024.doc seriously opposed the Application. For the reasons stated, the delay is condoned and abatement is set aside.

4.

Interim Application is allowed and disposed of. 5.

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

List the above Writ Petition on 12th November, 2024. [Sharmila U. Deshmukh, J.] Shubham Talle 2 of