Renuka 2-IA-142-2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 142 OF 2026 WITH INTERIM APPLICATION (ST) No.23761of 2026 IN SECOND APPEAL NO. 529 OF 1999 WITH SECOND APPEAL NO. 529 OF 1999 Kumar Laxmanrao Shinde ...Applicant V/s. Smt. Radhabai Vithal Waikar Deceased Power of Attorney Holder Shri Prakash Anant Valame ...Respondent ________________ Mr. Ranjit Dilip Shinde, for Applicant. Mr. Sanjay Kshirsagar for Respondent. Mr. Balasaheb Deshmukh (through VC) for Intervenor in IAST 2376/2026 ________________ CORAM: SANDEEP V. MARNE, J. DATED: 29 AUGUST 2026. P.C.: 1) Interim Application No. 142 of 2026 is filed for bringing on record legal representatives of the deceased Respondent. There is delay of 19 years and 4 months in filing the Application. However, it appears that the original Respondent has transferred the suit property in favour of Ashwini Co-operative Housing Society Ltd. Accordingly, the society has filed Interim Application No. 142 of 2026 seeking intervention in the Appeal. Respondent No. 2 may now remain a mere formal party and the intervener society would be the main contesting party. It appears that Page No. 1 of 2 29 August 2026 2026:BHC-AS:35617 Renuka 2-IA-142-2026.docx now the Appeal would mainly be defended by the society. In that view of the matter, though there is substantial delay in applying for bringing on record legal representative of the deceased Respondent, Interim Application No. 142 of 2026 can be allowed so that the Appeal can be heard on merits and the lis between the parties can be decided by hearing Appellants as well as the intervenor society. For that purpose, Intervention Application by the society also needs to be allowed. 2) Accordingly, the delay in filing Interim Application No. 142 of 2026 is condoned and the Application is allowed by permitting legal heirs of deceased Respondent No. 2 to be brought on record. Amendments to be carried out forthwith. 3) Interim Application is disposed of . INTERIM APPLICATION (ST) No.23761 of 2026:- 4) Interim Application is filed by the society is also allowed and the society is directed to be impleaded as Respondent No. 2 in the Appeal. Amendments to be carried out forthwith. 5) Interim Application is disposed of. SECOND APPEAL NO. 529 OF 1999:- 6) List the Second Appeal ‘for final hearing’ on 18 September 2026. Appellant to supply papers in the Appeal including the paper book to be served on Mr. Deshmukh. [SANDEEP V. MARNE, J.] Page No. 2 of 2 29 August 2026 Signed by: Renuka S Thakur Designation: PA To Honourable Judge Date: 01/09/2026 10:26:01