Bombay High CourtIA/12089/2025disposed off

Rajiv Vinayak Kolwankar Since Deceased Thr Lrs 1.1 Mrs. Radhika Rajiv Kolwankar And ORS. v. Smt.Gangubai Tukaram Kolwankar Since Decease Thr. Lrs. Ashok Tukaram Kolwankar And ORS.

2025-09-29Hon'Ble Shri Justice Firdosh Phiroze Pooniwalla2 pages

20-ia-12089-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.12089 OF 2025 IN FIRST APPEAL NO.1149 OF 2002 Rajiv V. Kolwankar (since deceased) through his LR a. Mrs. Radhika R. Kolwankar & Others ..

Applicants.

by SMITA RAJNIKANT JOSHI Date: 2025.09.30 12:46:00 +0530 SMITA RAJNIKANT JOSHI In the matter between Rajiv V. Kolwankar a. Mrs. Radhika R. Kolwankar & Others ..

Appellants.

v/s.

Smt. Gangubai T. Kolwankar 1 - Ashok T. Kolwankar ..

Respondents.

Adv. Astha Arya h/f. Adv. Anjali Helekar, for the Applicants/ Appellants. Adv. Vinayak Shelar with Adv. Bharat Godhavi i/b. Tejesh Dande & Associates, for Respondent Nos.1, 2,3 (a),(b) and proposed Respondent Nos.4(a) to 4(c).

Adv. Pradeep M. Patil, for Respondent No.5-BMC. CORAM: FIRDOSH P. POONIWALLA,J.

DATE : 29th SEPTEMBER, 2025.

P. C:- This Interim Application has been filed to bring on record the legal heirs and representatives of deceased Respondent No.4. By this Interim Application, Applicants have also sought condonation of delay of 1 year and 92 days in filing this Interim Application and for setting aside the abatement. S.R.JOSHI

20-ia-12089-2025.doc I have perused the Interim Application. In my view, sufficient cause has been shown for bringing on record the legal heirs and representatives of deceased Respondent No.4 and also for condoning the delay and setting aside the abatement as against Respondent No.4. In these circumstances, the Interim Application is allowed in terms of prayer clause (a) and (b) which read as under:- "(a) That the delay of 1 year 92 days in filing present application may kindly be condoned and abatement against Respondent No.4 be set aside;

(b) That the Respondent Nos. 4(a) to 4(c) be shown as heirs and legal representatives of deceased respondent No.4 in First Appeal No.1149 of 2002 and in Interim Application filed therein as shown in the title of the present Interim Application."

Amendment to be carried out within a period of two weeks from today and amended copy of the Appeal to be served on the other parties.

There will be no order as to costs.

(FIRDOSH P. POONIWALLA,J.) S.R.JOSHI