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Bombay High CourtIA/15184/2024allowed

Ananda S. Patil (Deceased) Thr. Lrs.Sachin Ananda Patil And Others v. Pandurang Ramu Patil And Others

2025-07-22Hon'Ble Justice2 pages

by VARSHA VIJAY RAJGURU Date:

2025.07.25 14:12:58 +0530 VARSHA VIJAY RAJGURU 513-ia-15184-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 15184 of 2024 WITH INTERIM APPLICATION NO. 6525 of 2024 WITH INTERIM APPLICATION (ST) NO. 5997 OF 2024 IN APPEAL FROM ORDER(ST) NO. 5996 OF 2024 Ananda S. Patil(Deceased) through Lrs Sachin Ananda Patil and Ors ... Applicants/Appellants vs.

Pandurang Ramu Patil and Others ... Respondents Mr.Umesh Pawar for Applicants/Appellant.

Mr. Nikhil Pawar for Respondent No.1, 3 to 5. CORAM : GAURI GODSE, J.

DATED : 22nd JULY 2025 ORDER:

INTERIM APPLICATION NO. 15184 of 2024 IN APPEAL FROM ORDER(ST) NO. 5996 OF 2024 .

1.

Not on board. Taken on the production board.

2.

This application is for bringing on record the names of heirs and legal representatives of deceased respondent no.2. The heirs and legal representatives are served and represented through advocate.

3.

In the facts and circumstances of the case, delay is Page no. 1 of 2

513-ia-15184-2024.doc condoned and the application is allowed in terms of prayer clauses (A) and (A1).

4.

Amendment to be carried out within two weeks. INTERIM APPLICATION NO. 6525 of 2024 5.

This application is for condonation of delay in filing the appeal.

6.

Learned counsel for the appellant submits that the appellants had initially filed the second appeal to challenge the impugned order. However, since the second appeal was not maintainable, the appellants were permitted to file appeal from order. He submits that the second appeal was filed within time. Hence, there is a formal delay which is only on the ground that the second appeal was wrongly filed.

7.

In the facts and circumstances of the case, delay is condoned and the application is allowed in terms of prayer clause(b).

8.

List the appeal for admission on 16th September 2025. 9.

To be listed in the caption for 'fresh admission'. (GAURI GODSE, J.) Page no. 2 of 2