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2026 DAILYLAW 16925 (BOM)

SHRI.SHARAD SAHADU HARGUDE v. SHRI. YESHWANT BALASAHEB HARGUDE

IA/7658/2026 · 2026-10-08

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Judgment text

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Renuka Thakur 2-SA-336-2005.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 336 OF 2005 WITH INTERIM APPLICATION NO. 688 OF 2019 Yeshwant Balasaheb Hargude ...Appellant V/s. Sharad Sahadu Hargude ...Respondent WITH INTERIM APPLICATION NO. 7658 OF 2026 Sharad Sahadu Hargude ...Applicant V/s. Yeshwant Balasaheb Hargude ...Respondent ________________ Mr. Aum Kini i/b Mr. J. S. Kini for Appellant. Mr. S. M. Railkar for Respondent No. 1. ________________ CORAM: SANDEEP V. MARNE, J. DATED: 8 OCTOBER 2026. P.C.: 1) Interim Application No. 7658 of 2026 is filed seeking direction that the Appeal has abated against Respondent No. 1 who has passed away on 17 January 2021. It appears that the factum of death of Respondent No. 1 as well as names of legal heirs of Respondent No. 1 are communicated to the advocate for the Appellant by letter dated 25 February 2025. However, no steps are taken to bring on record legal heirs Page No. 1 of 2 8 OCTOBER 2026 2026:BHC-AS:41083 Renuka Thakur 2-SA-336-2005.docx of Respondent No. 1. Ordinarily, this Court would have directed abatement of Appeal against Respondent No. 1. However, with a view to grant an opportunity to the Appellant to prosecute the Appeal against Respondent No. 1, I deem it appropriate to direct names of legal representatives of Respondent No. 1 to be brought on record. However, for the negligent act of the Appellant some costs are required to be imposed. Accordingly, I proceed to pass the following order:- (i) Names of Smt. Meena Devidas Khandave and Smt. Maya Shamrao Kotwal are permitted to be brought on record as legal representatives of Respondent No. 1. Amendment to be carried out forthwith. (ii) Mr. Railkar submits that he has instructions to appear on behalf of legal heirs of Respondent No. 1. (iii) Appellant to pay cost of Rs. 5000/- to the Respondents within a period of four weeks. Amount of costs shall be handed over to the advocate appearing for the Respondents within a stipulated time. 2) With the above directions, Interim Application No. 7658 of 2026 is disposed of. [SANDEEP V. MARNE, J.] Page No. 2 of 2 8 OCTOBER 2026 Signed by: Renuka S Thakur Designation: PA To Honourable Judge Date: 09/10/2026 17:17:02