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1992 DAILYLAW 606 (BOM)

SUSHILABAI AMBADASRAO and OTHERS. v. AMBABAI BHAGWANRAO and OTHERS.

CA/4171/2007 · 2026-08-17

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Judgment text

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19 SA NO. 537 OF 1992.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 19 SECOND APPEAL NO. 537 OF 1992 Sushilabai Ambadasrao And Others. VERSUS Ambabai Bhagwanrao And Others. ... Mr. P. N. Kalani h/f Mr. S. N. Lavekar, Advocate for Appellants Ms. G N Chincholkar, Advocate for Respondent Nos.1, 3 and 4 WITH CIVIL APPLICATION NO. 4171 OF 2007 IN SA/537/1992 …. CORAM : SANJAY A. DESHMUKH, J. DATE : 17.08.2026 PER COURT :- CIVIL APPLICATION NO. 4171 OF 2007 1. This application has been pending since 2007, seeking a direction as per the prayer clause ‘B’, which reads as under: “B) Under inherent powers U/Sec. 151 r.w. order 22 Rule 10-A of C.P.C. advocate for respondent Nos.3 and 4 may kindly be directed to produce death certificate of respondent Nos.3 and 4 to bring L.Rs., on record.” 2. The death certificate is a public document, and there is no express provision to compel a respondent to produce the death certificate. The applicants and the respondents are residents of the same district. However, the application has remained pending for more than 19 years. The application is, therefore, dismissed. 1 of 2 (( 2 )) 19 SA NO. 537 OF 1992 SECOND APPEAL NO. 537 OF 1992 1. The appeal is abated against Respondent No.1. 2. Learned Advocates for both sides are directed to argue the appeal finally on the next date. Stand over to 25.08.2026, first on board. [ SANJAY A. DESHMUKH, J. ] HRJadhav 2 of 2