Eknath Gatlu Dhobi L.Rs. Mirabai And Others v. Supdu Gatlu Dhobi L.Rs. Sayjabai L.Rs. Vitthal And Others

2025:BHC-AUG:36967 25.CA.6271.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6271 OF 2025 IN SECOND APPEAL NO. 339 OF 1997 Eknath Gatlu Dhobi L.rs. Mirabai & Ors.

...Applicants

Versus

Supdu Gatlu Dhobi L.Rs.

Sayjabai L.rs. Vitthal & Ors.

...Respondents

WITH SECOND APPEAL NO. 339 OF 1997 WITH CIVIL APPLICATION NO. 6273 OF 2025 IN SECOND APPEAL NO. 339 OF 1997 *** Mr. Aniket R. Sawant h/f Mr. K. M. Nagarkar, Advocate for the Applicants. Mr. L. V. Sangit, Advocate for Respondent Nos.1/4/5/1 to 1/4/5/4. *** CORAM : ABHAY J. MANTRI, J.

DATE : DECEMBER 22, 2025 PER COURT :

1.

The applicants/appellants have moved this application seeking condonation of the delay in bringing the legal heirs of respondent No.1/4/5 on record, as well as for bringing the names of the legal heirs of respondent No.1/4/5 on record.

2.

It appears that notices are served upon the legal heirs of respondent No.1/4/5; however, no one has appeared on their behalf. Shrikant Malani

25.CA.6271.2025.odt 3.

Having considered the grounds disclosed in the application, the application is allowed. The delay is condoned. The abatement order, if any, passed is quashed and set aside.

4.

The applicants are permitted to bring the legal heirs of the respondent Nos. 1/4/5, i.e., respondent Nos. 1/4/5/1 to 4, on record, within a period of three (03) weeks from today, failing which the application shall stand dismissed without further reference to the Court. 5.

Upon carrying out the amendment, a copy of the amended memo of second appeal shall be supplied to the respondents, within a period of two (02) weeks thereafter.

(ABHAY J. MANTRI, J.) Shrikant Malani