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2025 DAILYLAW 21950 (BOM)

MARTAND BALAJI KULKARNI (L.RS.) SHARAD L.RS. SANGITA AND OTHERS v. BHASKAR TRIMBAK KULKARNI.(L.RS.)NIRMALA and OTHERS.

CA/8686/2025 · 2025-08-13

Shri Shailesh P Brahme

body2025

Judgment text

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1 970-CA.8686-25 & ors.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 970 CIVIL APPLICATION NO. 8686 OF 2025 IN SA/365/1995 MARTAND BALAJI KULKARNI (L.RS.) SHARAD L.RS. SANGITA AND OTHERS VERSUS BHASKAR TRIMBAK KULKARNI.(L.RS.) NIRMALA AND OTHERS. WITH SECOND APPEAL NO. 365 OF 1995 WITH CIVIL APPLICATION NO. 5378 OF 2001 IN SA/365/1995 WITH CIVIL APPLICATION NO. 6375 OF 2007 IN SA/365/1995 WITH CIVIL APPLICATION NO. 8690 OF 2025 IN SA/365/1995 WITH CIVIL APPLICATION NO. 8689 OF 2025 IN SA/365/1995 WITH CIVIL APPLICATION NO. 8688 OF 2025 IN SA/365/1995 WITH CIVIL APPLICATION NO. 8693 OF 2025 IN SA/365/1995 WITH CIVIL APPLICATION NO. 8691 OF 2025 IN SA/365/1995 ... Advocate for Applicants : Mr. Dhase Rahul P. Advocate for respective Respondents : Mr. M. M. Bhokarikar. Advocate for Respondent Nos.4A1 to 4A2 : Mr. M. B. Kale h/f Mr. G. J. Pahilwan. Advocate for Respondent Nos.1A, 1B : Mr. P. P. Patni h/f Mr. A. S. Bajaj. Advocate for respective Respondents : Mr. Rohit Dhongde h/f Mr. V. T. Chaudhary. ... CORAM : SHAILESH P. BRAHME, J. DATE : 13.08.2025 PER COURT :- 1. Parties are unanimous that they have arrived at settlement and the mediation is successful. However, for removing technical defects, present applications are filed. The respondents have no serious objections for allowing the 2 970-CA.8686-25 & ors.odt applications. Hence, I propose to deal with applications by common order. Civil application No.8686 of 2025 2. This application is for condonation of delay, setting aside abatement, bringing legal heirs of respondent No.18 Suman Purushottam Mehrunkar on record. 3. For the reasons stated in the application, it stands allowed in terms of prayer clauses “A” and “B”. Civil application No.8688 of 2025 4. This application is for condonation of delay, setting aside abatement, bringing legal heirs of respondent No.16 Indirabai Shankarrao Chaudhary on record. 5. For the reasons stated in the application, it stands allowed in terms of prayer clauses “A” to “C”. Civil application No.8693 of 2025 6. This application is for condonation of delay, setting aside abatement, bringing legal heirs of respondent No.17 Sindhu Vasant Vaidya on record. 3 970-CA.8686-25 & ors.odt 7. For the reasons stated in the application, it stands allowed in terms of prayer clauses “A” to “C”. Civil application No.8691 of 2025 8. This application is for condonation of delay, setting aside abatement, bringing legal heirs of respondent No.15 Prabha Bhaskarrao Nandedkar on record. 9. For the reasons stated in the application, it stands allowed in terms of prayer clauses “A” to “C”. Civil application No.8690 of 2025 10. This application is for condonation of delay and restoration of appeal as against respondent No.20 Devidas Narhar Kulkarni which was dismissed in pursuance of order dated 04.08.1999. 11. For the reasons stated in the application, it stands allowed in terms of prayer clause “B”. Civil application No.8689 of 2025 12. This application is for deletion of respondent No.3(c) who is also 9(c) namely Sunil Avdhut Kulkarni and respondent No.14 namely Shantaram Shankar Kulkarni. The above 4 970-CA.8686-25 & ors.odt referred deceased persons are issueless and there are no legal heirs. In fact appeal against them stands abated. 13. For the reasons stated in the application, it stands allowed in terms of prayer clause “B”. 14. Amendment shall be carried out within a period of three (3) weeks from today. (SHAILESH P. BRAHME, J.) ... vmk/-