Saroj Tribhuvan Tulsiram And ORS. v. Agnes Mathews And ORS.

19 ia9920-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by TRUSHA TUSHAR MOHITE Date:

2025.09.29 13:10:20 +0530 CIVIL APPELLATE JURISDICTION TRUSHA TUSHAR MOHITE INTERIM APPLICATION NO.9920 OF 2025 IN FIRST APPEAL NO.41 OF 2005 Saroj d/o Tribhuvan Tulsiram and Ors.

.. Applicants

Versus

Agnes Mathews and Ors.

.. Respondents Ms.Pratibha Shelke, Advocate for the Applicants. None for the Respondents

CORAM:

FIRDOSH P. POONIWALLA, J.

DATE:

SEPTEMBER 26, 2025 P. C.

1.

This Application has been filed for bringing on record the legal heirs of the sole Appellant who passed away on 25th March 2025, for setting aside the abatement of the Appeal and for condonation of delay of 8 days in filing the present Application.

2.

I have perused the Interim Application. In my view, sufficient cause is shown in the Interim Application for granting the reliefs sought in the Interim Application.

Mohite 1/2

19 ia9920-25.doc 3.

Accordingly, the Interim Application is allowed in terms of prayers (a), (b) and (c) thereof, which reads as under: "a) By an Order of this Hon'ble Court, delay of 06 days caused in filing present Application kindly be condoned.

b) By an Order of this Hon'ble Court, the abatement of present Appeal kindly be set aside. c) By an Order of this Hon'ble Court, the Applicants be permitted to bring themselves on record as Petitioner Nos. 1 to 6 and the Applicants be permitted to amend the Cause Title of the First Appeal No. 41 of 2005 accordingly."

4.

The amendment be carried out within a period of two weeks from today and the amended copy of the Appeal be served on the other parties. There will be no order as to costs. [FIRDOSH P. POONIWALLA, J.] Mohite 2/2