Mr. Ramchandra Maruti Kadam And Anr vs Mr. Santosh Bhagoji ...
2024 Latest Caselaw 24873 Bom

Bombay High Court

Mr. Ramchandra Maruti Kadam And Anr vs Mr. Santosh Bhagoji ... on 27 August, 2024

                                                                  26-SA-849-22.doc




MJ Jadhav              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION
                                  SECOND APPEAL NO. 849 OF 2022
                                               WITH
                            INTERIM APPLICATION NO. 30624 OF 2022
                                               WITH
                            INTERIM APPLICATION NO. 12006 OF 2024
                                                 IN
                                  SECOND APPEAL NO. 849 OF 2022


             Ramchandra Maruti Kadam and anr.             ... Appellants
                            vs.
             Santosh Bhagoji Navgare (Decd. Thr. Lrs) ... Respondents
             Pooja Santosh Navgare and ors.


             Mr. Yash Dewal i/b S. S. Kanetkar for the Appellants.
             Ms. Padma Chinta i/b Harshad Bhadbhade for Respondent Nos. 4
             and 5.
                                               CORAM : GAURI GODSE, J.
                                               DATED : 27th AUGUST 2024


             ORDER:

INTERIM APPLICATION NO. 12006 OF 2024 :

1. This application is for leave to carry out amendment to add

name of the legal heir of the deceased- respondent no.5 as stated in

the schedule of amendment annexed to the application.

2. Learned counsel for the applicants submits that the heirs and

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legal representatives of deceased- respondent no.5 were brought

on record in the second appeal. However, the appellants learnt that

there is one more heir and legal representatives of deceased-

respondent no.5. Hence, this application.

3. Learned counsel for the applicant submits that he needs to

amend to correct the spelling of surname of respondent no.3 as per

the cause title of the first appellate Court. Leave granted.

Amendment to be carried out within three weeks from today.

4. Since heirs and legal representatives of respondent no.5 are

already on record, this application can be allowed.

5. For the reasons stated in the application, delay if any, is

condoned and the application is allowed in terms of prayer clause

(b). Amendment to be carried out within three weeks.

6. Learned counsel for the respondent nos. 4 and 5 submits that

these respondents have also filed an appeal challenging the

impugned judgment. She submits that the said appeal was

dismissed for non removal of office objections.

7. However, an application for restoration of the appeal is

already filed, which is due on 13 th September 2024. List the present

second appeal on 13th September 2024.

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8. Interim Application No. 7967 of 2024 in Second Appeal (st)

No. 28025 of 2022 also be heard alongwith present second appeal

on the next date.

(GAURI GODSE, J.)

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