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Bombay High CourtIA/1977/2025allowed

Atmaram Daji Jamsandekar Since Decease Thr. Lrs. 1.1 To 1.5 v. Mr T.R.Anantanarayanan And ORS.

2025-02-20Hon'Ble Justice Sharmila U. Deshmukh2 pages

26 Ia-1977-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1977 OF 2025.

IN FIRST APPEAL (St.) NO. 25835 OF 2012.

Atmaram Daji Jamsandekar (since deceased, through LRs) ...Applicants/Appellants.

Versus

T.R. Anantanarayanan and Others

...Respondents.

------ Mr. Harsh Joshi i/b S. K. Legal Associates for Applicant-Appellant. Ms. Dipali M. Jadhav i/b S.C. Legal for Respondent No. 3 in FA (St.) No. 25835 of 2012.

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

Date : 20th February, 2025.

P. C. :

1.

Interim Application has been preferred for bringing on record the legal heirs of deceased-Respondent No. 3 and for condonation of delay of 118 days caused in preferring the present Interim Application. 2.

Learned counsel appearing for Applicant submits that Applicant was not aware that Respondent No. 3 has passed away, and it is only when Advocate for Respondent No. 3 informed the Advocate for Appellant that the present Application came to be filed. He would further submit that Applicant was not in Mumbai for filing the Application, which resulted in delay.

Sairaj 1 of

26 Ia-1977-2025.doc 3.

Advocate Dipali M. Jadhav appears for proposed Respondent and does not oppose the Application.

4.

For the reasons stated in the Application, delay of 118 days stands condoned.

5.

Interim Application is allowed. Amendment to be carried out within a period of two weeks from today.

6.

List the First Appeal on 6th March, 2025 under the caption for 'Admission'.

[Sharmila U. Deshmukh, J.] Sairaj 2 of