Ravindra Ramesh Vaidya (Poa- Mr. ... vs Gopalkrishna Balkrishna Vaidya ...
2022 Latest Caselaw 9548 Bom

                                        20-IA-3626-2021 IN FAST-5782-2021+.DOC




 Amol



      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION
             INTERIM APPLICATION NO. 3626 OF 2021
                                        IN
                 FIRST APPEAL (ST) NO. 5782 OF 2021
                                     WITH
             INTERIM APPLICATION NO. 3627 OF 2021
                                        IN
                 FIRST APPEAL (ST) NO. 5782 OF 2021


 Ravindra Ramesh Vaidya & Ors                                         ...Appellants
      Versus
 Gopalkrishna Balkrishna Vaidya (Deleted since                     ...Respondents
 Deceased) through LRs Sheela G Vaidya & Ors


 Mr Shriram S Kulkarni, for the Applicants/Appellants.
 Mr Girish Godbole, with Kaustubh Thipsay & Shivraj Patne, for
      Respondents Nos. 4 to 7.


                               CORAM     G.S. Patel &
                                         Gauri Godse, JJ.

                               DATED:    20th September 2022
 PC:-

1. The Interim Application seeks impleadment of the heirs and legal representatives of the deceased 7th Appellant, Arvind Vaidya. He died on 28th January 2020.

20th September 2022

20-IA-3626-2021 IN FAST-5782-2021+.DOC

2. The impugned judgment and decree of the trial court rejecting the plaint under Order 7 Rule 11 of Code of Civil Procedure 1908 ("CPC") is of 10th February 2021. This means, according to Mr Godbole for the Respondents, that Arvind Vaidya died before the judgment was pronounced. There is no question, he submits, of impleading his legal heirs. The Appeals stands abated as did the plaint.

3. Mr Kulkarni says that the death of Arvind Vaidya was after the matter was "closed for orders" on 10th September 2018, when the written submissions of the parties were taken on record. He tenders a roznama. Prima facie this does not seem to bear out what Mr Kulkarni submits because there are dates of hearing well after 12th February 2020, i.e., after Arvind Vaidya passed away.

4. If Mr Kulkarni's clients instructions are to continue with this submission, it would be more appropriate if he placed this case in a further Affidavit in Support of this Interim Application to which Mr Godbole's clients will then be able to respond. That further Affidavit is to be filed and served on or before 23rd September 2022. A Reply is permitted by 7th October 2022.

5. List the matter on 12th October 2022.

 (Gauri Godse, J)                                              (G. S. Patel, J)





                               20th September 2022