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2025 DAILYLAW 31455 (BOM)

DNYANDEV SADASHIV GIRME DIED THR LAXMIBAI DYANDEV GIRME v. SUBHASH RAGHUNATH GIRME AND OTHERS

WP/13256/2024 · 2025-07-08

Shri Rohit W Joshi

body2025

Judgment text

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907 WRIT PETITION NO. 13256 OF 2024 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 907 WRIT PETITION NO. 13256 OF 2024 Dnyandev Sadashiv Girme (Died) through LRs Laxmibai Dyandev Girme and Others Versus Subhash Raghunath Girme and Others ... • Mr. V. V. Tarde, Advocate for the Petitioner • Ms. S. M. Zaware, Advocate for Respondent No. 1 ... CORAM : ROHIT W. JOSHI, J. DATE : JULY 08, 2025 O R D E R : 1. Learned counsel for the petitioners seeks permission to delete the name of respondent no. 3 from the array of parties. Permission for deletion of name of respondent no. 3 is granted at the risk of the petitioners. Amendment be carried out forthwith. 2. The present petition takes exception to order dated 27.09.2024 passed by the learned Civil Judge Sr. Division, Shrirampur, rejecting application filed by the present petitioners at ‘Exhibit 110’ in R.C.S. No. 107/2014, inter alia seeking permission for filing written statement. The learned Trial Court has rejected the application on the ground that it is filed after a period of around 33 months and 13 days after the outer limit of 90 days. The learned trial Court has also observed komal kamble page 1 of 2 2025:BHC-AUG:17794 907 WRIT PETITION NO. 13256 OF 2024 that cogent reasons have not been provided explaining the delay. The petitioners are legal representatives of original defendant no. 1, who has filed the written statement. The impugned order does not call for any interference. However, it is directed that the written statement filed by deceased defendant no. 1 will be treated as written statement by the present petitioners, who are legal representatives of deceased defendant no. 1. 3. Having regard to the fact that the suit is filed in the year 2014, the learned Trial Court is requested to expedite the hearing of the suit and make an endeavour to decide it at the earliest. [ROHIT W. JOSHI, J.] komal kamble page 2 of 2