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2023 DAILYLAW 3012 (BOM)

MAHADEV GANAPAT KADAM v. GANPAT BHAIRU KADAM (RAWALE) SINCE DECEASED THROUGH HIS LEGAL HEIRS

IA/13379/2024 · 2026-08-28

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Judgment text

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17-IA-13956-2023 (C).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13956 OF 2023 IN SECOND APPEAL NO. 427 OF 2016 Mahadev Ganapat Kadam ...Applicant VERSUS Ganpat Bhairu Kadam (rawale) Since Deceased Through Legal Heirs ...Respondent WITH INTERIM APPLICATION NO. 13379 OF 2024 IN SECOND APPEAL NO. 427 OF 2016 Mahadev Ganapat Kadam ...Applicant VERSUS Ganpat Bhairu Kadam (rawale) Since Deceased Through His Legal Heirs ...Respondent WITH INTERIM APPLICATION NO. 13390 OF 2024 IN SECOND APPEAL NO. 555 OF 2016 Mahadev Ganapat Kadam ...Applicant VERSUS Ganuji Bhairu Kadam Rawale ...Respondent WITH INTERIM APPLICATION NO. 14341 OF 2023 IN SECOND APPEAL NO. 720 OF 2016 Ganpat Bhairu Kadam (rawale) Since Deceased Through His Legal Heirs Mahadev Ganapat Kadam ...Applicant VERSUS Gunaji Bhairu Kadam (rawale) ...Respondent WITH INTERIM APPLICATION NO. 14342 OF 2023 IN SECOND APPEAL NO. 720 OF 2016 Ganpat Bhairu Kadam (rawale) Since Deceased Throuhgh His Legal Heirs Mahadev Ganpat Kadam ...Applicant VERSUS Gunaji Bhairu Kadam (rawale) ...Respondent WITH INTERIM APPLICATION NO. 14345 OF 2023 IN SECOND APPEAL NO. 555 OF 2016 Rushi 1 of 5 17-IA-13956-2023 (C).docx Ganpat Bhairu Kadam (rawale) Since Deceased Through His Legal Heirs Mahadev Ganpat Kadam ...Applicant VERSUS Gunaji Bhairu Kadam (rawale) ...Respondent WITH INTERIM APPLICATION NO. 17637 OF 2022 IN SECOND APPEAL NO. 427 OF 2016 Shri. Mahadev Ganpat Kadam ...Applicant VERSUS Gujanji Bhairu Kadam(rawale) ...Respondent ___________ Mr. Poras Shah, Advocate for the Appellant. ___________ CORAM : RAJESH S. PATIL, J. DATE : 28 AUGUST 2026 P. C. : INTERIM APPLICATION NO. 13956 OF 2023 1. The learned counsel for the appellant/applicant seeks leave and liberty to amend prayer clause (b) of the Interim Application No. 13956 of 2023. 2. Liberty as prayed granted. Amendment to be carried forthwith. 3. Stand over to 11 September 2026. INTERIM APPLICATION NO. 13379 OF 2024 4. This interim application is filed to delete the name of the appellant No. 1 (Smt. Anjirabai Ganpat Kadam) as she has died during the pandemic and her legal heirs are already on record as Rushi 2 of 5 17-IA-13956-2023 (C).docx appellant Nos. 2 to 5. 5. In view of the same, upon hearing the counsel appearing for the appellant, I am satisfied a case is made out to allow the interim application. 6. Interim application stands allowed in terms of prayer clauses (a) and (b). 7. Amendment to be carried forthwith. Interim Application No. 13390 of 2023 8. The learned counsel for the appellant/applicant seeks leave and liberty to amend prayer clause (b) of the Interim Application No. 13390 of 2023. 9. Liberty as prayed granted. Amendment to be carried forthwith. 10. Stand over to 11 September 2026. INTERIM APPLICATION NO. 14345 OF 2023 11. This interim application is filed to delete the name of the appellant No. 1 (Smt. Anjirabai Ganpat Kadam) as she has died during the pandemic and her legal heirs are already on record as appellant Nos. 2 to 5. 12. In view of the same, upon hearing the counsel appearing for Rushi 3 of 5 17-IA-13956-2023 (C).docx the appellant, I am satisfied a case is made out to allow the interim application. 13. Interim application stands allowed in terms of prayer clauses (a) and (b). 14. Amendment to be carried forthwith. INTERIM APPLICATION NO. 14342 OF 2023 15. The learned counsel for the appellant/applicant seeks leave and liberty to amend prayer clause (b) of the Interim Application No. 14342 OF 2023. 16. Liberty as prayed granted. Amendment to be carried forthwith. 17. Stand over to 11 September 2026. INTERIM APPLICATION NO. 14341 OF 2023 18. This interim application is filed to delete the name of the appellant No. 1 (Smt. Anjirabai Ganpat Kadam) as she has died during the pandemic and her legal heirs are already on record as appellant Nos. 2 to 5. 19. In view of the same, upon hearing the counsel appearing for the appellant, I am satisfied a case is made out to allow the interim application. Rushi 4 of 5 17-IA-13956-2023 (C).docx 20. Interim application stands allowed in terms of prayer clauses (a) and (b). 21. Amendment to be carried forthwith. [RAJESH S. PATIL, J.] Rushi 5 of 5