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Bombay High CourtIA/7299/2025disposed off

Smt. Swati Sharad Apte And ORS. v. Mr. Ravindra M. Chavan And ORS.

2025-06-09Hon'Ble Shri Justice N. J. Jamadar2 pages

33-fa-601-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 7299 OF 2025 WITH CIVIL APPLICATION NO. 1822 OF 2018 WITH FIRST APPEAL NO. 601 OF 2018 Smt. Swati Sharad Apte and Ors.

...

Appellants V/s.

Mr. Ravindra M. Chavan and Ors.

...

Respondents ------------------- Mr. Ashutosh Gole, for the appellant in FA/601/2018 and applicant in IA/7299/2025 and CAF/1822/2018.

Mr. Vaijanath P. Vaze, for the respondent nos. 3 and 4. --------------------

CORAM

:

N.J. JAMADAR, J.

DATE :

9TH JUNE 2025.

PC:

1.

Heard the learned counsel for the parties.

2.

This is an application to bring the legal representatives of respondent no. 3, who passed away on 6th May 2022 by condoning the delay of 973 days. The deceased respondent no. 3 is stated to be survived by respondent no. 4 and proposed respondent nos. 3a and 3b. 3.

The learned counsel for the respondent nos. 3a, 3b and 4 submits that the respondents have no objection to bring on record the legal representatives of deceased -respondent no.3. varsha

33-fa-601-2018.doc 4.

Since the respondent no. 4 is already on record and represented the estate of the deceased-respondent no.3, the question of abatement does not arise.

5.

Hence, the application stands allowed. The appellants are permitted to bring the legal representatives of respondent no. 3 on record, as proposed.

6.

Necessary amendment be carried out within a period of three weeks and amended copy of the appeal memo be served on the respondents.

7.

Interim application stands disposed.

8.

The appellants shall file private paper-book within a period of four weeks.

9.

List the appeal for hearing on 7th July 2025. (N.J. JAMADAR, J) varsha