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Bombay High CourtCA/5154/2025disposed off

Devchand Chatrabhuj Sheth And Another v. Shantaram Vitthalrao Kadbane Died

2025-11-03Hon'Ble Shri Justice Kishore C. Sant2 pages

2025:BHC-AUG:30124 1 16-CA 5154-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5154 OF 2025 IN WP/7926/2016 Devchand Chatrabhuj Sheth And Another .. Applicants

Versus

Shantaram Vitthalrao Kadbane (Died) .. Respondent Mr. Kshitij Surve, Advocate for the Applicants. Mr. A. M. Reddy, Advocate for Respondent.

CORAM : KISHORE C. SANT, J.

DATE : 03rd NOVEMBER, 2025.

PER COURT :- 1.

This application is for bringing on record legal heirs of deceased/original claimant - Shantaram s/o Vitthalrao Kadbane who died on 01.04.2017. It is stated in the application that, the fact of death of respondent was not known to the applicants. It is only after legal heirs of deceased filed pursis stating that the matter be abated in view of death of respondent, they came to know the said fact. Since there was no knowledge, the application could not be filed in time.

2.

The learned advocate Mr. Reddy waives notice for legal

2 16-CA 5154-2025.odt representatives of respondent.

3.

This Court has considered the submissions. For the reasons stated in the application, delay of 2858 days caused in filing this application stands condoned. The civil application is allowed. Necessary amendment in the cause title be effected within two weeks from today.

4.

With this, the civil application stands disposed of. ( KISHORE C. SANT, J. ) P.S.B.