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2023 DAILYLAW 3217 (BOM)

NARENDRA PARSHURAM KADAM AND ANR. v. DATTATRAYA @ VASANT RAMCHANDRA PARKAR (DEC.) THR. SUNIL DATTATRAY PARKAR and ORS

IA/13539/2023 · 2026-09-16

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

28-IA-13539-2023 (C).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13539 OF 2023 IN CIVIL REVISION APPLICATION NO. 132 OF 2008 Narendra Parshuram Kadam And Anr. … Applicants In the matter between :- Shri Shivaji Govindrav Kadam (Deceased) Through Legal Heirs 1A. Smt. Indumati Shivajirao Kadam (Deceased) 1B. Srikant Shivajirao Kadam & Ors. … Applicants Versus Shri Dattatraya @ Vasant Ramchandra Parkar (Since deceased) Through LRs 1A Sunil Dattatray Parkar & Ors … Respondents —————— Ms. Gunjan Prafulla Shah (Through V.C.) i/b. Mr. Kayval P. Shah for the Applicants. None for the Respondents. —————— Coram : ASHWIN D. BHOBE, J. Date : 16th September 2026. PER COURT : 1. Heard Ms. Gunjan Shah, learned Advocate for the Applicants. 2. By this Application, the Applicants have sought for the following substantive reliefs : osk 1 of 3 28-IA-13539-2023 (C).docx “(a) That this Hon'ble Court may be pleased to allow the Applicants to bring the legal heirs of deceased Petitioner No. 2 on record in the present civil revision application; (b) Delay of 3 months 6 days caused in filing the present Application be condoned; (c) Abatement order, if any, against Petitioner No. 1 may be set aside, (d) Consequential Amendments to this effect may be allowed; (e) For such further and other reliefs as the nature and circumstances of the case may require.” 3. Ms. Gunjan Shah, learned Advocate for the Applicants, states that a copy of this Application was served on the Advocate appearing for the Respondents. When this Application was called out, neither the Respondents nor the Advocate for the Respondents are present either physically in the Court or through V.C. mode. 4. In view of the statement made by Ms. Gunjan Shah, learned Advocate for the Applicants that the Advocate for the Respondents is served with this Application, this Application is taken up for hearing. 5. Ms. Gunjan Shah, learned Advocate for the Applicants states that the Applicant No.2 expired on 22nd February 2023, whereas this Application was filed on 20th June 2023 with a delay of 22 days. She submits that the Applicants have explained the delay in paragraph No.5 of the Application. 6. Ms. Gunjan Shah, learned Advocate for the Applicants states that osk 2 of 3 28-IA-13539-2023 (C).docx despite being served with this Application, no reply has been filed by the Respondents. 7. In view of the statements made by Ms. Gunjan Shah, learned Advocate for the Applicants and the unrebutted statements in this Application, the explanation given by the Applicants is accepted. Consequently, this Application is allowed. The delay of 22 days in filing of this Application is condoned. The Applicants are permitted to bring the legal representatives of the deceased Applicant No.2 on record. 8. Ms. Gunjan Shah, learned Advocate for the Applicants seeks permission to carry out the amendment within two weeks. Time granted. Amendment to be carried out within two weeks. 9. Interim Application No. 13539 of 2023 is allowed. [ ASHWIN D. BHOBE, J. ] osk 3 of 3 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.09.16 19:44:24 +0530