Raosaheb Bapurao Kale Died Through Lrs Lilabai Raosaheb Kale And Others v. Pandurang Sakharam Solunke Died Through Lrs Madhav Pandurang Solunke And Others

2025:BHC-AUG:27501 ( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 970 CIVIL APPLICATION NO. 11793 OF 2023 IN WP/55/2004 RAOSAHEB BAPURAO KALE DIED THROUGH LRS LILABAI RAOSAHEB KALE AND OTHERS

VERSUS

PANDURANG SAKHARAM SOLUNKE DIED THROUGH LRS MADHAV PANDURANG SOLUNKE AND OTHERS WITH CIVIL APPLICATION NO. 534 OF 2011 IN WP/55/2004 PANDURANG SAKHARAM SOLUNKE

VERSUS

RAOSAHEB BAPURAO KALE AND ORS WITH WRIT PETITION NO. 55 OF 2004 PANDURANG SAKHARAM SOLUNKE

VERSUS

RAOSAHEB BAPURAO KALE AND ORS WITH CIVIL APPLICATION NO. 2145 OF 2022 IN WP/55/2004 PANDURANG SAKHARAM SOLUNKE SINCE DEAD THR LRS MADHAV PANDURANG SOLUNKE AND OTHERS

VERSUS

RAOSAHEB BAPURAO KALE AND ORS WITH CIVIL APPLICATION NO. 2144 OF 2022 IN WP/55/2004 PANDURANG SAKHARAM SOLUNKE SINCE DIED THR LRS MADHAV PANDURANG SOLUNKE OTHERS

VERSUS

RAOSAHEB BAPURAO KALE AND ORS Mr.M.K. Deshpande, Advocate for the applicant. Mr.S.V. Natu, Advocate for the petitioner in WP.

CORAM

: KISHORE C. SANT, J.

DATE : 30.09.2025

( 2 ) PC :- 01.

This application is filed for bringing on record legal representatives of respondent No.1 in Writ Petition No. 55 of 2004. Respondent No.1 - Raosaheb died on 29.08.2022. Present applicant Nos. 1a to 1e are the heirs of deceased Raosaheb. The delay is of 193 days caused in filing the application.

02.

Learned Advocate further submits that there are two more applications which are filed by the petitioner bearing CA No. 2145 of 2022 for bringin on record legal representatives of respondent Nos. 4 and 7 and CA No. 2144 of 2022 for bringing on record legal representatives of respondent No.2 and respondent Nos. 4 and 7 respectively. He submits that he was not aware of the fact of filing of Civil Application Application Nos. 2145 of 2022 and 2144 of 2022. He, therefore, had filed Civil Application Nos. 11796 11795 and 11794 of 2023. However, in view of the order passed by this Court on 07.03.2025, said applications were not pressed. He further submits that the petitioner though have filed two application, he deliberately is not pressing those applications since 2022. He has no objection to allow the application and he has received instructions to appear for legal representatives of the deceased respondents.

03.

Considering the above, following order :- 04.

Civil Application Nos. 2144 of 2022 and 2145 of 2022 are allowed by condoning the delay. The amendment shall be carried out

( 3 ) within four from today in the title clause of the petition and the Civil Application.

05.

Civil Application No. 11793 of 2024 also stands allowed. 06.

Legal representatives of deceased respondents be brought on record. Necessary amendment shall be carried out within four weeks from today.

[KISHORE C. SANT, J.] snk/2025/Sep25/ca11793.23