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Bombay High CourtCA/2031/2025admittedallowedgrantedrule absolute

Rukhmabai Nimba Patil (Deceased) And ORS v. Sahebrao Caitram Patil And ORS

2025-04-04Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:10274 1 932.CA-2031-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 932 CIVIL APPLICATION NO. 2031 OF 2025 IN FA/55/2007 RUKHMABAI NIMBA PATIL (DECEASED) AND ORS

VERSUS

SAHEBRAO CAITRAM PATIL AND ORS .....

Advocate for the Applicant : Mr.P.V.Tambde h/f. Mr.Jadhavar Santosh Sampatrao ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 4th APRIL 2025 PER COURT :

.

Applicant No.1/Rukhmabai Nimba Patil died who was one of the claimants. First appeal No. 55 of 2007 as well as Review Application(Civil)No. 23 of 2024 are already disposed of. The applicant Nos. 2 and 3 who are already on record are the heirs of deceased applicant No.1/Rukhmabai. Applicant is seeking formal changes in the title clause of disposed Review Application(Civil)No. 23 of 2024 as well as First appeal No. 55 of 2007 albeit there is a delay of 632 days.

2.

Considering the fact that the mistake is inadvertent and no prejudice would be caused to the respondents and in view of the averments in civil application, I am inclined to condone the delay and permit the Applicant No.1 to be substituted by Applicant Nos. 2 and 3.

2 932.CA-2031-2025.doc 3.

Civil Application is allowed in terms of prayer clauses (B)(C) and (D).

[ SHAILESH P. BRAHME, J.] vsj..