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2026 DAILYLAW 4709 (BOM)

AMRUTRAO SHANKARRAO DESHMUKH DECEASED THROUGH LRS AMAR AMRUTRAO DESHMUKH v. KANTILAL LALCHAND BORA AND OTHERS

CA/6628/2026 · 2026-08-21

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Judgment text

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979 CA NO. 6628 OF 2026.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 979 CIVIL APPLICATION NO. 6628 OF 2026 IN SA/76/2020 Amrutrao Shankarrao Deshmukh Deceased Through Lrs Amar Amrutrao Deshmukh VERSUS Kantilal Lalchand Bora And Others ... Mr. Dighe Vitthal Haribhau, Advocate for Applicant Mr. Chandrakant Patil h/f Mr. A. S. Sawant, Advocate for Respondents WITH CIVIL APPLICATION NO. 6377 OF 2025 IN SA/76/2020WITH SECOND APPEAL NO. 76 OF 2020 WITH CIVIL APPLICATION NO. 8752 OF 2020 IN SA/76/2020 …. CORAM : SANJAY A. DESHMUKH, J. DATE : 21.08.2026 PER COURT :- CIVIL APPLICATION NO. 6628 OF 2026 IN SA/76/2020 1. This application is filed seeking the following prayers: “B) To allow the applicants to add present respondent No.7 as a party respondent in the present Second Appeal. C) Pending hearing and final disposal of present Second Appeal, to restrain the respondent No.7- Deputy Superintendent of Land Records, Parali Vaijanath, District Beed from taking any steps / decision on the 1 of 5 (( 2 )) 979 CA NO. 6628 OF 2026 application submitted by respondents for recording the name of legal heirs to the suit property, which is the subject matter of the present Second Appeal and for that purpose necessary orders may kindly be passed. D) Pending hearing and final disposal of present Second Appeal, to grant stay to the further proceeding initiated by respondent Nos.1 to 5 before the respondent No.7 for recording the names of legal heirs to the suit property, which is a subject matter of present Second Appeal and for that purpose necessary orders may kindly be passed.” 2. On perusal of the application, it appears that Respondent No.4 has submitted an application dated 19.02.2026 before Deputy Superintendent of Land Records, Parali Vaijanath, District Beed for entering his name and the names of others as legal heirs in respect of the suit property. Therefore, the present applicants have prayed for adding Deputy Superintendent of Land Records, Parli Vaijnath, District Beed, as respondent No.7 in the present proceedings. 3. Though the learned Advocate for the respondents has opposed the application, prima facie, it appears from the application 2 of 5 (( 3 )) 979 CA NO. 6628 OF 2026 dated 19.02.2026 that the names of the alleged legal representatives are likely to be entered in the record. Therefore, in the interest of justice, it is necessary to allow the application by adding the Deputy Superintendent of Land Records, Parli Vaijnath, District Beed, as Respondent No.7 and to restrain Respondent No.7 from making any entry or recording the name of any person in respect of the suit property until the final disposal of the Second Appeal, as prayed for. 4. The application is allowed in terms of prayer clauses ‘B’, ‘C’ and ‘D’. The Appellant is directed to carry out the amendment by adding Respondent No.7 in the title of the Second Appeal within a period of two weeks from today. The application is accordingly disposed of. 5. Learned Advocate for the respondents prays for stay to the execution of this order, as he intends to challenge the same before the Hon’ble Supreme Court. 6. However, considering the peculiar facts and circumstances of the case, particularly the fact that the application before Respondent No.7 is likely to be decided on 24.08.2026, it would not be proper to grant stay to the execution of this order. The prayer for stay to the execution of this order is rejected. 3 of 5 (( 4 )) 979 CA NO. 6628 OF 2026 7. Stand over to 07.09.2026 at 02:30 p.m. CIVIL APPLICATION NO. 6377 OF 2025 1. Heard learned Advocates for both sides. 2. This is an application for condonation of 30 days delay caused in filing the Civil Application for bringing the legal representatives of deceased Respondent on record as well as for setting aside abatement and permission to bring the L.Rs. of deceased Respondent on record. 3. Learned Advocates for the respondents strongly opposed the application. 4. Perused the application. Considering the reasons stated therein, it appears that the delay is not deliberately caused. Hence, the application deserves to be allowed in the interest of justice. Hence, the following order: ::ORDER:: a. The application is allowed in terms of prayer clauses ‘A’ and ‘B’. b. The delay of 30 days caused in filing the Civil Application for bringing the legal representatives of deceased Respondent on record is condoned. c. The abatement is set aside. 4 of 5 (( 5 )) 979 CA NO. 6628 OF 2026 d. Permission to bring the legal representatives of of deceased Respondent on record is granted. The amendment be carried out within a period of two weeks from today. If the amendment is not carried out within the stipulated period, the applicants shall be liable to pay costs of Rs.2,000/- to the Advocates’ Chambers Allottees Maintenance Co-operative Society, High Court Premises, Chhatrapati Sambhajinagar. [ SANJAY A. DESHMUKH, J. ] HRJadhav 5 of 5