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2025 DAILYLAW 40920 (BOM)

SHRI. DATTATRAY BHIMRAO MANGLEKAR THROUGH P.O.A HOLDER AMRUT ANIL MODAGE AND ORS v. SHRI. KRISHNA RANOJI KAMBLE

IA/6788/2025 · 2025-04-04

Gauri Godse

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

24.6788.25 ia.docx Iresh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 6788 OF 2025 INTERIM APPLICATION NO. 6790 OF 2025 IN SECOND APPEAL NO. 524 OF 2008 Shri. Dattatray Bhimrao Manglekar .....Applicants through POA Holder Amrut Anil Modage and ors Vs. Shri Krishna Ranoji Kamble .....Respondent Mr. Padmanabh D. Pise a/w Mr. Sejal Hariyan i/b P. Padmanabh and Associates for the applicants Ms. Latika Kabad a/w Ms. Kavita Vijapure i/b Mr. D. V. Sutar for respondents CORAM : GAURI GODSE, J. DATE : 4th APRIL 2025 ORDER: INTERIM APPLICATION NO. 6788 OF 2025: 1. This application is for permission to show respondent no. 1(a) as deceased through respondent nos. 1B, 1D, 1E, 1F & 1G. Learned counsel for the applicants submits that the heirs and legal representatives of deceased respondent no. 1(a) are already on record 1/2 IRESH MASHAL Digitally signed by IRESH MASHAL Date: 2025.04.08 11:31:13 +0530 24.6788.25 ia.docx in different capacity. He, therefore, submits that there is no question of abatement of the second appeal. He, thus, prays for permission to carry out necessary amendment. 2. The averments regarding heirs and legal representatives being on record in different capacity are stated in the application. 3. In the facts and circumstances of the case, delay is condoned and application is allowed in terms of prayer clause (b) and (c). 4. Amendment to be carried out within four weeks. INTERIM APPLICATION NO. 6790 OF 2025: 5. Issue notice to heirs and legal representatives of respondent no. 1C as mentioned in paragraph 3 of the application. 6. Notice is made returnable on 25th July 2025. 7. In addition to Court notice, learned advocate for the applicants shall serve the respondents by private notice and file affidavit of service before the next date. [GAURI GODSE, J.] 2/2