LAXMIBAI W/O.KESHAV J.PENDURKAR and ORS. v. USHABAI W/O.VASANT R. KANDALGAONKAR (SINCE DECEASED) THROUGH HER HEIR 1.1.SHRI. MAHESH V. K and AN
CAW/1618/2018 · 2025-07-03
Shri N J Jamadar
body2025
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[ 2025 DAILYLAW 41142 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41142 (BOM) · dailylaw.ai ]
Judgment text
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8-1-CAW1618-2018.DOC Santosh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1618 OF 2018 IN WRIT PETITION NO. 5182 OF 1996 Laxmibai w/o Keshav J. Pendurkar (deceased) through LRs. And ors. ...Applicants Versus Ushabai w/o Vasant Kandalgaonkar (deceased) through LRs and anr. …Respondents Mr. Farhan Shaikh, i/b Kahndeparkar & Asso., for the Applicants. Mr. Ganesh Mirashigaonkar, for Respondent Nos.1(a)(i) to 1(a) (iii). CORAM:
N. J. JAMADAR, J. DATED:
3rd JULY, 2025 PC:-
1. Heard the learned Counsel for the parties.
2. By this application the petitioners seek leave to amend the written statement so as to take a ground that the legal representtives of Mahesh Kandalgaonkar, who passed away on 12th May, 2011, do not reside at Malvan and, therefore, the requirement of the premises for the legal representatives of Mahesh Kandalgaonkr does not survive.
3. The application does not deserve to be entertained as the position in law is well settled that the change in circumstances 1/2 SANTOSH SUBHASH KULKARNI Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2025.07.05 12:37:55 +0530
8-1-CAW1618-2018.DOC ought to be such that the requirement of the landlord is totally eclipsed. The Writ Petition has been instituted in the year 1996. At this length of time, there is no propriety in entertaining this application.
4. Hence, the application stands rejected.
[N. J. JAMADAR, J.] 2/2