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Bombay High CourtIA/5578/2025disposed off

Union Of India v. Suresh J Thanawala

2025-11-14Hon'Ble Shri Justice Manish Pitale2 pages

30_IA_5578_25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 5578 OF 2025 IN SUIT NO. 1144 OF 2000 Union of India ...

Applicant/Plaintiff vs.

Suresh J. Thanawala and others ...

Respondents/Defendants LAND ACQUISITION REFERENCE NO. 2 OF 2005 WITH LAND ACQUISITION REFERENCE NO. 3 OF 2005 WITH SUIT NO. 1144 OF 2000 Ms. Anamika Malhotra a/w. Mr. Mainak Adhikary for applicant/plaintiff in IA/5578/25 in S/1144/00.

Ms. Sonal Awasthi a/w. Mr. Ishvendra Tiwari for claimant Nos.1 to 10 in LAR/2/05 and for defendant Nos.3, 9(A) to 9(I). Mr. Prashant Kambale, AGP for respondent-State in LAR/2/05 and 3/05. Mr. Himanshu Takke, AGP for defendant-State in S/1144/00. Mr. Rahul Agrawal for defendant Nos.1 and 2 in S/1144/00. Mr. Tanish Amin, i/b. MDP Associates for defendant Nos.5 to 7, 9 and 10 in S/1144/00.

CORAM : MANISH PITALE, J DATE :

14th NOVEMBER, 2025 P.C. :

.

By this application the applicant/original plaintiff-Union of India, prays for bringing on record legal representatives of defendant Nos.9(A), 9(E) and 9(F), who expired during the pendency of the suit.

by PRIYA KAMBLI Date:

2025.11.14 17:44:47 +0530 PRIYA KAMBLI 1/2

30_IA_5578_25.doc 2.

By a communication dated 06.01.2025, the advocates representing the said defendants informed the advocate for the plaintiff, with regard to demise of the said defendants alongwith details of their legal representatives.

3.

On the basis of the said intimation, the present application has been filed. Copies of death certificates of the said defendants are also annexed to the application.

4.

It appears that there is a short delay in moving this application from the date of knowledge of demise of the said defendants. 5.

For the reasons stated in the application and since sufficient cause is made out on behalf of the plaintiff, this Court is inclined to condone the delay and allow the application.

6.

In view of the above, the application is allowed and delay is condoned. The applicant/plaintiff is permitted to bring on record the legal representatives of the deceased defendant Nos.9(A), 9(E) and 9(F). Amendment be carried out within two weeks from today. 7.

Ms. Awasthi waives notice on behalf of the legal representatives of the said deceased defendants. 8.

List the matter on 12.12.2025.

(MANISH PITALE, J.) Priya Kambli 2/2