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Bombay High CourtIA/9786/2025disposed off

Bajirao Sudam Matale (Dec.)Thr.Lrs.1.1)Chinkabai Bajirao Matale And ORS v. Tukaram Baban Matale(Dec.)Thr.Lrs.1.1)Laxmibai Tukaram Matale And ORS.

2025-07-18Hon'Ble Shri Justice B.P. Colabawalla , Hon'Ble Shri Justice Firdosh Phiroze Pooniwalla2 pages

8 ia9786-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by TRUSHA TUSHAR MOHITE Date:

2025.07.21 12:27:50 +0530 CIVIL APPELLATE JURISDICTION TRUSHA TUSHAR MOHITE INTERIM APPLICATION NO.9786 OF 2025 IN FIRST APPEAL NO.97 OF 2024 Bajirao Sudam Matale (Decd.) Thr.Lrs.

1) Chinkabai Bajirao Matale and Ors.

.. Applicants

Versus

Tukaram Baban Matale (Decd.) Thr.Lrs.

1) Laxmibai Tukaram Matale and Ors.

.. Respondents Mr.Nilesh Wable, Advocate for the Applicants. Mr.Drupad Patil a/w Mr.Namit Pansare, Advocate for Respondent Nos.3(a) to 3(e).

CORAM:

B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.

DATE:

JULY 18, 2025 P. C.

1.

The above Interim Application is filed seeking a condonation of 237 days and to permit the Applicants (Appellants) to bring the legal heirs of Original Respondent No.3 on record as Respondent Nos.3a to 3e. 2.

The learned Advocate appearing on behalf of original Respondent No.3 states that he also has instructions to appear on behalf of JULY 18, 2025 Mohite

8 ia9786-25.doc the legal heirs namely proposed Respondent Nos.3a to 3e. He further states that he has no objection if the above Interim Application is allowed. 3.

In these circumstances, the delay in filing the above Interim Application is condoned and the legal heirs of original Respondent No.3, namely, Respondent Nos.3a to 3e, are permitted to be added as Respondents to the above First Appeal and all pending Applications therein. These amendments shall be carried out within a period of two weeks from today and the amended copy of the First Appeal as well as all pending Applications therein, shall be served on all the Respondents (including the newly added Respondents) immediately thereafter.

4.

Interim Application is accordingly disposed of. No order as to costs.

5.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.] JULY 18, 2025 Mohite