KALABAI KASHINATH PATIL (DEAD) THR LRS USHABAI DIED THR LRS YUVRAJ FULA PATIL AND ORS v. TUKARAM SHENPHADU PATIL AND ORS
CA/13167/2025 · 2026-09-10
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9390 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9390 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
970 CA NO. 13167 OF 2025.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 970 CIVIL APPLICATION NO. 13167 OF 2025 IN SAST/22445/2023 Kalabai Kashinath Patil (dead) Thr Lrs Ushabai Died Thr Lrs Yuvraj Fula Patil And Ors VERSUS Tukaram Shenphadu Patil And Ors ... Mr. Pandurang S Koshti, Advocate for Applicant Mr. Girish Rane, Advocate for Respondent No.1b In Ca/879/2025 WITH CIVIL APPLICATION NO. 879 OF 2025 IN SAST/22445/2023WITH CIVIL APPLICATION NO. 14209 OF 2023 IN SAST/22445/2023WITH CIVIL APPLICATION NO. 14210 OF 2023 IN SAST/22445/2023 …. CORAM : SANJAY A. DESHMUKH, J.
DATE : 10.09.2026 PER COURT :- CIVIL APPLICATION NO. 13167 OF 2025
1. This is an application seeking permission to bring the legal representatives of deceased Respondent No.2A on record. 2. Heard. 3. Perused the application. For the reasons stated therein, the application is allowed in terms of prayer clause ‘B’. The amendment shall be carried out within a period of three weeks from today. If the amendment is not carried out within the 1 of 3
(( 2 )) 970 CA NO. 13167 OF 2025 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. CIVIL APPLICATION NO. 879 OF 2025
1. Heard learned Advocates for both sides. 2. This is an application for condonation of 15 days delay caused in filing the Civil Application for bringing the legal representatives of deceased Respondent No.1 on record as well as for setting aside abatement and permission to bring the L.Rs. of deceased Respondent No.1 on record. 3. Learned Advocates for the respondents strongly opposed the application. 4. Perused the application. Considering the reasons stated therein and the fact that the Applicants seek to bring the legal representatives of the deceased Respondent No.1 on record so as to enable this Court to decide the lis finally on merits, the delay deserves to be condoned as it is not deliberately caused. In view of the facts and circumstances of the present case, the application deserves to be allowed in the interest of justice. Hence, the following order: 2 of 3
(( 3 )) 970 CA NO. 13167 OF 2025 ::ORDER:: a. The application is allowed. b. The delay of 15 days caused in filing the Civil Application for bringing the legal representatives of Respondent No.1 on record is condoned.
c. The abatement is set aside. d. Permission to bring the legal representatives of of deceased Respondent No.1 on record is granted. The amendment be carried out within a period of three 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. . Learned Advocate Mr. B. R. Warma submits that he has instructions to appear on behalf of the legal representatives of Respondent No.2A. Stand over to 01.10.2026. [ SANJAY A. DESHMUKH, J. ] HRJadhav 3 of 3