Bombay High Court
Smt. Devkubai D/O.Nawsha Lakhma Ghatal vs Mr. P.K. Garasia Ors on 11 February, 2020
Author: R.D. Dhanuka
Bench: R.D. Dhanuka
2-ia1-19.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.1 OF 2019
IN
FIRST APPEAL NO.33 OF 2005
Devkubai N.L. Ghatal ...Applicant /
...Appellant
V/s.
P.K. Gharasiya & Ors. ...Respondents
Mr.Swaraj Gupte with Ms.Shreya Hindlekar i/b Mr.Sameer Tendulkar
for the Appellant / Appellant.
Mr.H.T. Pawar for the Respondent Nos.1 to 3.
CORAM : R.D. DHANUKA, J.
DATE : 11TH FEBRUARY, 2020.
P.C. :-
1. By this civil application, the applicant seeks condonation of 240 days in filing the interim application and has prayed for setting aside the abatement of appeal against the respondent nos.1 to 3 if already abated and seeks amendment of the appeal memo by impleading the proposed respondent nos.6 to 10 as legal heirs of some of the parties, who have expired. Learned counsel appearing for the respondent nos.1 to 3 has no objection if the delay in filing the interim application is condoned. Learned counsel does not press for filing any separate interim application for bringing legal heirs of some of the parties. Statement is accepted.
2. Case is made out for grant of reliefs as prayed. Interim 1/2 ::: Uploaded on - 17/02/2020 ::: Downloaded on - 08/06/2020 18:06:50 ::: 2-ia1-19.doc application is made absolute in terms of prayer clauses (a), (b) an
(c). The amendment to be carried out within two weeks from today. The amended copy of the appeal memo shall be upon the learned counsel appearing for the newly added parties as well as the original respondents within two weeks from the date of carrying out amendment. There shall be no order as to costs.
(R.D. DHANUKA, J.) 2/2 ::: Uploaded on - 17/02/2020 ::: Downloaded on - 08/06/2020 18:06:50 :::