Iris Soreng, Through Her Constituted Attorney Nitin N. Bondal v. Alexander George Tone

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 4275 OF 2025 IN SUIT NO. 386 OF 1997 SMT. IRIS SORENG )...APPLICANT

IN THE MATTER OF

ALEXANDER GEORGE TONE AND OTHERS )...PLAINTIFFS V/s.

SONAL CONSTRUCTIONS (since dissolved) ) AND OTHERS )...DEFENDANTS Mr.Sanjiv Sawant i/by Mr.Ashwin Jajal, Advocate for the Applicant. Mr.Yatin Shah, Advocate for the Defendants.

CORAM

:

ABHAY AHUJA, J.

DATE :

23rd SEPTEMBER 2025 P.C. :

1.

This Interim Application seeks to bring on record the heirs of the deceased Plaintiff no.7.

2.

Mr.Sawant, learned Counsel, appears for the Applicant and submits that there has been a delay of 62 days in filing this application. 3.

Mr.Sawant draws this Court's attention to paragraph 7 of the application to explain the cause for the delay. Mr.Sawant, accordingly, submits that the delay be condoned and the heirs of the deceased Plaintiff no.7 referred to in paragraph 6 of the application be brought ARTI VILAS KHATATE on record.

by ARTI VILAS KHATATE Date:

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4.

Mr.Yatin Shah, learned Counsel, appearing for the Defendants has no objection if the Interim Application is allowed. 5.

Having heard the learned Counsel and having considered the submissions and the explanation in paragraph 7 of the application for the cause of delay, this Court is of the view that the application be allowed in terms of prayer clauses (a) and (b) which read thus : "(a) That this Hon'ble Court be pleased to condone the delay of about 62 days in filing the present application. (b) That this Hon'ble Court be pleased to pass an order allowing the Applicant to delete the name of the deceased Plaintiff no.7 i.e. Ms.Beatrice Tone from the cause title of the present Suit No.386 of 1997."

6.

Let the amendment be carried out within a period of three weeks and the amended proceedings be served in two weeks thereafter and an appropriate Affidavit of service be filed.

7.

The Interim Application, accordingly, stands allowed and disposed as above.

(ABHAY AHUJA, J.) avk 2/3

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