( 1 ) 89 ca 5998.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 89 CIVIL APPLICATION NO. 5998 OF 2026 IN SA/31/2017 BEBABAI NAGO MARATHE AND ANOTHER VERSUS ADHAR DONGAR MARATHE L.RS. MAGAN AADHAR MARATHE AND ORS ….. Advocate for Applicant : Mr. Sangit L. V. Advocate for Respondents : Mr. Malte Uday S. ….. CORAM : SANJAY A. DESHMUKH, J. DATE : 21.09.2026 P.C.:- 1. By way of present application follow reliefs are sought: “A) That, the Order dated 28.03.2025, passed in Civil Application No.810/2025 in Second Appeal No.31/2017 may kindly be recalled. B) Pending hearing and final disposal of present Civil Application, all further Proceedings of R.D. No.01/2024 pending in present the Court of C.J.J.D., Dharangaon, Tq. Dharangaon, District Jalgaon may kindly be stayed.” 2. Perused the application. Heard the learned advocates for both the sides. 3. It is an admitted fact that Civil Application No. 810 of 2025 was 2026:BHC-AUG:42974 ( 2 ) 89 ca 5998.26 filed in Second Appeal No. 31 of 2017 seeking correction of the name of one of the respondents following her marriage. The said application was decided on 28.03.2025 4. Learned advocate for the applicants pointed out that, prior to the passing of the said order dated 28.03.2025, Applicant No. 1, Adhar Marathe, had died on 07.01.2025. He submitted that, since Applicant No. 1 was no longer alive when the order dated 28.03.2025 was passed, the said order is ab initio void and legally unsustainable. He, therefore, prayed for setting aside the said order. 5. Learned advocate for the respondents submitted that the legal representatives of Applicant No. 1, Adhar Marathe, are already on record. Only the name of one of the respondents was changed after her marriage, and the said correction was accordingly carried out. He, therefore, prayed for rejection of the application. 6. Upon perusal of the impugned order as well as the grounds raised in the application, it is crystal clear that the legal representatives of Applicant No.1, Adhar Marathe, are already on record. No other legal representative has been brought on record. None of the legal representatives of Adhar Marathe has alleged any prejudice or adverse effect on their rights. ( 3 ) 89 ca 5998.26 7. In such circumstances, when the fact of death of Shri Adhar Marathe was not brought to the notice of this Court by any of the parties while passing the order, the said order cannot be said to be illegal, and therefore, it cannot be set aside. No prejudice is caused to the applicants. The application deserves to be rejected. Accordingly, the application is rejected. 8. It would be proper to direct the Executing Court to decide R.D. No. 01/2024, pending before the C.J.J.D., Dharangaon, District Jalgaon, as expeditiously as possible and, in any case, within three months from today. The learned Advocate for the respondents is directed to submit a copy of this order to the Executing Court. [SANJAY A. DESHMUKH, J.] mubashir