Radhakrishna Jagannath Mungad L.Rs. Rajesh L.Rs. Swati Rajesh Mungad And Others v. Pralhad Nemichand Bhawasar L.Rs. Manohar L.Rs. Shashikala And Others

*1*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6353 OF 2025 IN SA/598/1992 WITH SECOND APPEAL NO. 598 OF 1992 WITH CIVIL APPLICATION NO. 4911 OF 2025 IN SA/598/1992 WITH CIVIL APPLICATION NO. 6354 OF 2025 IN SA/598/1992 WITH CIVIL APPLICATION NO. 6359 OF 2025 IN SA/598/1992 RADHAKRISHNA JAGANNATH MUNGAD L.RS. RAJESH L.RS. SWATI AND OTHERS

VERSUS

PRALHAD NEMICHAND BHAWASAR L.RS. MANOHAR L.RS. SHASHIKALA AND OTHERS ...

Ms. Sakshi A. Kale, Advocate h/f Shri Kale Ajeet B., Advocate for the appellants/ applicants.

Shri Akash E. Madne, Advocate h/f Shri Pratik R. Talwar, Advocate for Respondent Nos.2, 4 and 5.

...

CORAM : PRAFULLA S. KHUBALKAR, J.

DATE : 01st July, 2025 Per Court :- Civil Application No.4911/2025 1.

Learned advocate for the applicant seeks permission

*2* to withdraw this application in view of the fact that this application was not supported with the affidavit and now, separate Civil Application duly sworn by the applicant is filed. 2.

Permission granted.

3.

Civil Application No.4911/2025 is disposed of as withdrawn.

Civil Application No.6353/2025 4.

This is an application filed by the applicant/ appellant seeking leave to correct the cause title by also mentioning the names of respondent Nos.4 and 5 after their marriage, namely, name of respondent No.4 Sadhana Pralhad Bhavsar to be stated after marriage as Sadhana Deelip Tekale and name of respondent No.5 Sharda Pralhad Bhavsar to be stated after marriage as Sharda Rajanikanth Goge.

5.

Permission sought to correct the cause title will not cause any prejudice to the other side. Hence, Civil Application No.6353/2025 is allowed. Necessary amendment be carried out within one week.

*3* Civil Application No.6359/2025 6.

This is an application filed by the applicant/ appellant for bringing on record the legal representatives of the deceased appellant No.1 (Rajesh Radhakisan Mungad) by condoning delay of 90 days.

7.

Learned advocates for the applicant as well as the respondents state that the parties have compromised the matter and in fact they want to get this Second appeal disposed of in terms of the compromise. Therefore, the legal representatives of the deceased appellant No.1 needs to be brought on record. 8.

In view of the above submissions, Civil Application No.6359/2025 is allowed. Delay of 90 days in filing this application is condoned. The names of legal representatives of the deceased appellant No.1 be brought on record by carrying necessary amendment within a period of one week from today. Civil Application No.6354/2025 9.

This is an application filed by the applicant/ appellant for bringing on record the legal representatives of the deceased respondent No.1 (Manohar Pralhad Bhavsar) by

*4* condoning delay of 926 days.

10.

Learned advocates for the applicant as well as the respondents state that the parties have compromised the matter and in fact they want to get this Second appeal disposed of in terms of the compromise. Therefore, the legal representatives of the deceased respondent No.1 needs to be brought on record. 11.

In view of the above submissions, Civil Application No.6354/2025 is allowed. Delay of 926 days in filing this application is condoned. The names of legal representatives of the deceased respondent No.1 be brought on record by carrying necessary amendment within a period of one week from today. Second Appeal No.598/1992 12.

Learned advocates for the appellant as well as the respondents state that the parties have in fact compromised the matter out of the court and want to file the terms on record. It is stated that all the parties to the appeal are ready to remain present for verification before the learned Registrar (Judicial) so that the terms of compromise could be verified and the parties could be identified.

*5* 13.

In view this, the parties are directed to appear before the learned Registrar (Judicial) on 14.07.2025. 14.

After the parties appear before the learned Registrar (Judicial), he is requested to verify the terms of compromise and identify the parties and accordingly, submit a report within one week from the date of appearance.

kps ( PRAFULLA S. KHUBALKAR, J.)