Sahebrao S/O Dattrao Kadam Died Thr Lrs Kusumbai Sahebrao Kadam And ORS v. Sainath Dattrao Musale And ANR

2025:BHC-AUG:31272 925-CA-2353-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2353 OF 2023 IN CROSS APPEAL NO. 6 OF 2022 IN FIRST APPEAL NO. 51 OF 2022 Sahebrao Dattatrao Kadam (Died) Through LRs.

Kusumbai Sahebrao Kadam and Others ..APPLICANTS

VERSUS

Sainath Dattarao Musale and Another ..RESPONDENTS ....

Mr. V.D. Patnurkar, Advocate for applicants Ms. S.D. More, Advocate h/f Mr. K.S. Bhale, Advocate for respondent no.1 Mr. A.S. Usmanpurkar, Advocate for respondent no.2 ....

CORAM : ABHAY J. MANTRI, J.

DATE : 11th NOVEMBER, 2025 PER COURT :

1.

The applicants - legal representatives of deceased Sahebrao have filed this application to permit them to bring their names on record, as during the pendency of the appeal, Sahebrao has expired, to which learned counsel for the Respondent No.2 - insurance company has given no objection. 2.

It also appears that in the First Appeal No. 51 of 2022, these applicants are brought on record as legal representatives of the original claimant - respondent, who is the present applicant. Having considered these facts and the reasons disclosed in the application, the application is allowed in terms of the prayer clause (B). The applicants are directed to carry out the 1 / 2

925-CA-2353-23.odt amendment within two weeks and supply a copy of the amended appeal memo to the respondents within one week thereafter. Failing this, their crossappeal shall stand dismissed without reference to the Court. 3.

Stand over to 02nd December, 2025.

( ABHAY J. MANTRI, J. ) SSD 2 / 2