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2026 DAILYLAW 18093 (BOM)

SURESH RAMBHAU BORASTE AND ORS v. DAULAT BABU BHOYE AND ORS

IA/15533/2024 · 2026-10-13

Writ Petition (Civil)body2026

Judgment text

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60-IA-15533-2024 IN WP(C)-9937-2024 .ODT IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 15533 OF 2024 IN CIVIL WRIT PETITION NO. 9937 OF 2024 Suresh Rambhau Boraste And Ors …Applicants/ Original Petitioner Versus Daulat Babu Bhoye(Deceased) And Ors. …Respondents Adv. Siddharth Ghodke i/b Narayan Rokade, for the Applicants/ Original Petitioners. Adv. Prashant Rathod, for the Respondents. CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 13TH OCTOBER 2026 P.C:- INTERIM APPLICATION NO. 15533 OF 2024 1. Heard learned counsel for applicants as well as learned counsel for respondents. 2. This is an application for bringing on record the legal representatives of deceased respondent no.1 by condoning delay of 123 days in filing the application. 13th October 2026 60-IA-15533-2024 IN WP(C)-9937-2024 .ODT 3. Learned counsel for applicants submits that during pendency of the instant petition the respondent no.1 has died. Since the cause of action survives, the legal representatives of deceased respondent no.1 need to be brought on record. 4. Advocate Prashant Rathod appearing for respondent nos.2 and 3 states that he has instructions to appear on behalf of the legal representatives of deceased respondent no.1. On behalf of all the respondents he conveys no objection for allowing the instant application. 5. In view of this, the instant application is allowed. The delay of 123 days in filing the application is condoned. 6. The names of legal representatives of respondent no.1 are permitted to be brought on record. 7. Necessary amendment be carried out within a week. 8. Interim application is allowed and disposed of. 13th October 2026 60-IA-15533-2024 IN WP(C)-9937-2024 .ODT WRIT PETITION NO. 9937 OF 2024 9. List the writ petition for further consideration on 26th October 2026. 10. Interim relief granted earlier shall continue to operate till next date. (PRAFULLA S. KHUBALKAR, J.) VDMokal/- 13th October 2026