Abdul Hakim Abdul Gani Qureshi And ORS. v. Narayanrao Vyasacharya Kulkarni(Dharmadhikari) Lrs Pramila And Others

2025:BHC-AUG:7026 901 SA 232 1998

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD SECOND APPEAL NO. 232 OF 1998 Abdul Hakim Abdul Gani Qureshi And Ors.

VERSUS

Narayanrao Vyasacharya Kulkarni (Dharmadhikari) And Ors. ...

WITH CIVIL APPLICATION NO. 2529 OF 2018 WITH CIVIL APPLICATION NO. 14397 OF 2022 WITH CIVIL APPLICATION NO. 11827 OF 2023 WITH CIVIL APPLICATION NO. 11970 OF 2023 IN SA/232/1998 WITH CIVIL APPLICATION NO. 3378 OF 2010 WITH CIVIL APPLICATION NO. 11305 OF 2021 WITH CIVIL APPLICATION NO. 11306 OF 2021 WITH CIVIL APPLICATION NO. 11936 OF 2023 IN SAST/6217/2010 ...

Advocate for Appellants : Mr. A. R. Tapse Advocate for Respondent No. 5 : Mr. S. B. Wakure, Advocate for Respondent No. 2-c : Mr. P. G. Godhamgaonkar Advocate for Respondent No. 5 : S. S. Shinde ...

CORUM :

ROHIT W. JOSHI, J.

DATED :

7th MARCH, 2025 PER COURT :

ORDER IN CIVIL APPLICATION NO. 11827 OF 2023 AND CIVIL APPLICATION NO. 2529 OF 2018 :

1.

The respondent Nos. 1 and 3 have expired. These are applications for bringing their legal representatives on record. There is an inordinate delay of ten years in moving the applications.

1/2

901 SA 232 1998 2.

The respondent Nos. 1 to 3 are original plaintiffs, who had filed suit for recovery of possession against the defendants who are in a sense strangers. However, since the suit is for possession against the third persons, the suit will not abate in its entirety even if some of the plaintiffs die. Apart from this, appeals prior to the year 1998 are still pending for hearing.

3.

Having regard to the totality of circumstances, I am inclined to condone the delay caused in moving applications for bringing legal representatives on record as also to set aside the abatement of appeal against respondent No. 1 and 3 and further to grant permission to bring their legal representatives on record, subject to cost of Rs. 5000/- to be deposited with the Chairman, Library Committee, Advocates Association of Bombay High Court, Bench at Aurangabad. It is ordered accordingly. 4.

It is informed that respondent No. 2A has expired however, her legal heirs and legal representatives i.e. the sons are already on record as respondent No. 2B and 2C. Name of respondent No. 2A be deleted from cause title. The appellants are directed to take steps for effecting service on unserved respondents. 5.

Civil Applications are disposed of.

[ROHIT W. JOSHI] JUDGE KS_Kamble/ 2/2