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2017 DAILYLAW 3199 (BOM)

HINDURAO DNYANU CHOUGULE (DECEASED THROUGH HEIRS) v. BABURAO BAPU CHOUGULE AND ORS.

CAS/1293/2017 · 2026-08-28

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Judgment text

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2-CAS-1293-2017 (C).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1293 OF 2017 IN SECOND APPEAL NO. 774 OF 2015 Hindurao Dnyanu Chougule (deceased Through Heirs) ...Applicant VERSUS Baburao Bapu Chougule And Ors ...Respondents ___________ Ms.Preeti Walimbe (Through VC) a/w. Mr. Moin Momin, Advocate for Appellant. Mr. Onkar Bajaj i/b. Mr Kuldeep Nikam, Advocate for respondent nos. 1, 2A to 2D, 3A to 3C & 3 to 6. ___________ CORAM : RAJESH S. PATIL, J. DATE : 28 AUGUST 2026 P. C. : CIVIL APPLICATION NO. 1293 OF 2017 1. This civil application has been filed by the appellant to bring on record the legal heirs of deceased appellant No. 1(d). 2. It is the case of the appellant that the legal heirs of deceased appellant No. 1(d) are respondent Nos. 9 to 11. They are not ready to either come forward and sign vakalatnama and appear along with the present appellant. 3. Hence, the appellant has no other choice but to add the legal heirs of deceased appellant No. 1(d) as respondents. 4. Office remark shows that respondent Nos. 9 and 11 have been Rushi 1 of 2 2-CAS-1293-2017 (C).docx served. 5. As regards respondent No. 10, the bailiff report shows that respondent No. 10 is not residing at the address as mentioned in the cause title. 6. None appears on behalf of respondent Nos. 9 to 11 when the matter is called out. 7. I have heard the counsel appearing for the appellant and the counsel appearing for respondent Nos. 1 to 6 and I have gone through the contents of the civil application. A case is made out to allow the civil application. Civil application stands allowed in terms of prayer clauses (a) and (b). 8. Amendment to be carried out within a period of two weeks from today. [RAJESH S. PATIL, J.] Rushi 2 of 2