Vilas Genbhau Bhome vs Baban Sakharam Bhome Deceased ...
2021 Latest Caselaw 14863 Bom

             Digitally signed by
JAYARAJAN    JAYARAJAN
ANJAKULATH   ANJAKULATH NAIR
NAIR         Date: 2021.10.12
             10:59:39 +0530




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                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CIVIL APPELLATE JURISDICTION
                                             INTERIM APPLICATION NO.1515 OF 2021
                                                                      IN
                                                 FIRST APPEAL (ST.) NO.98404 OF 2020
                                                             ALONG WITH
                                             INTERIM APPLICATION NO.2809 OF 2021
                                                             ALONG WITH
                                             INTERIM APPLICATION NO.2807 OF 2021


                                   Vilas Genbhau Bhome                        ..            Applicant

                                           Vs.

                                   Baban Sakharam Bhome (Deceased)
                                   Through LRs Satish B. Bhome & Ors.         ..          Respondents

                                                                ...
                                   Mr. Prajakt M. Arjunwadkar for the applicant.

                                                                      ...

                                                       CORAM : SMT. BHARATI DANGRE, J.

                                                       DATED      : 11TH OCTOBER, 2021.
                                   P.C:-

                                                   Interim Application No.2807 of 2021

1. By the present application, the Applicant seeks a relief to set aside the abetment against deceased respondent No.2, who is

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informed to have expired on 10/10/2018 i.e. during the pendency of the proceedings, which culminated into a judgment and order dated 03/09/2019. By setting aside the abetment, the heirs of respondent No.2 are sought to be brought on record.

2. In preferring the application for setting aside the abetment, there is a delay of 241 days. I deem it expedient to issue notice to the respondents on the said application.

3. Issue notice to the respondents, returnable on 29/11/2021.

Interim Application No.2809 of 2021

4. Learned counsel for the applicant states that during the pendency of the appeal, he gained knowledge that respondent No.1A has also expired and by the present application, his legal heirs are brought on record. Prayer is also made to condone the delay of 25 days.

5. Heard learned counsel for the applicant and also perused the application. The delay, which is sought to be explained in bringing the legal heirs of respondent No.1A, is bona fide and the reasons are contained the application. In the interest of justice, I am of the opinion that the delay of 25 days deserves to be condoned and the applicant shall be permitted to bring the legal heirs of deceased respondent No.1A on record.

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Resultantly, Interim Application No.2809 of 2021 is allowed in terms of prayer clauses (a), (b), (c) and (d). Necessary amendments to be carried out within a period of one week from today. On the amendment being effected, issue notice to the newly added respondents, returnable on 29/11/2021.

[SMT. BHARATI DANGRE, J.]

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