Shantabai Ramratan Shrivastav L.Rs. Kusumbai 3. Shilabai Prakash Alias Babulal Shrivastav And ORS v. Shankar Jaikisan Wadgaonkar L.Rs. Ramesh And ORS

2025:BHC-AUG:24483 1 912 ca 9830.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9830 OF 2025 IN SECOND APPEAL NO. 1238 OF 2005 Shantabai Ramratan Shrivastav Since deceased through his L.rs.

Kusumbai @ Shilabai Prakash @ Babulal Shrivastav and others .. Applicants

Versus

Shankar Jaikisan Wadgaonkar Since deceased through his L.rs.

Ramesh and others .. Respondents WITH CIVIL APPLICATION NO. 9831 OF 2025 IN SECOND APPEAL NO. 1238 OF 2005 Shantabai Ramratan Shrivastav Since deceased through his L.rs.

Kusumbai @ Shilabai Prakash @ Babulal Shrivastav and others .. Applicants

Versus

Shankar Jaikisan Wadgaonkar Since deceased through his L.rs.

Ramesh and others .. Respondents WITH CIVIL APPLICATION NO. 9833 OF 2025 IN SECOND APPEAL NO. 1238 OF 2005 Shantabai Ramratan Shrivastav Since deceased through his L.rs.

Kusumbai @ Shilabai Prakash @ Babulal Shrivastav and others .. Applicants

Versus

2 912 ca 9830.25 Shankar Jaikisan Wadgaonkar Since deceased through his L.rs.

Ramesh and others .. Respondents WITH CIVIL APPLICATION NO. 9834 OF 2025 IN SECOND APPEAL NO. 1238 OF 2005 Shantabai Ramratan Shrivastav Since deceased through his L.rs.

Kusumbai @ Shilabai Prakash @ Babulal Shrivastav and others .. Applicants

Versus

Shankar Jaikisan Wadgaonkar Since deceased through his L.rs.

Ramesh and others .. Respondents Mrs. Charuta S. Deshmukh, Advocate for the Applicants. Shri N. S. Raole, Advocate h/f Shri L. V. Sangit, Advocate for the Respondent Nos. 1(i) to 1(iii), 1(v) to 1(vii). CORAM : SHAILESH P. BRAHME, J.

DATE : 12TH SEPTEMBER, 2025.

FINAL ORDER :

.

Heard both sides.

2.

I propose to decide these civil applications by common order. Those are filed for condonation of delay caused in bringing legal heirs of the deceased parties, setting abatement and taking the legal heirs of the deceased parties on record. 3.

Learned counsel Mr. Raole holding for Mr. L. V. Sangit learned counsel for the respondents submits that he has

3 912 ca 9830.25 instructions to appear for the proposed legal heirs of the deceased respondents.

Sr.

No.

Civil Application No.

Name of the deceased Delay party 01.

Appellant No. 8 - Mahendra Chaganlal Shrivastav 4533 days 02.

Respondent No. 1/F Sau. Nalini W/o Ganpatrao Kasar 1665 days 03.

Respondent No. 1/E Prabhavati Madhukarrao Bule 3240 days 04.

Respondent No. 1/D Dinesh Shankar Wadgaonkar 4166 days 4.

It reflects from record that cause of action survives against heirs of the deceased parties referred to above. They are necessary parties. For the reasons stated in the applications, it is desirable to condone the delay. It is already disclosed that for the legal heirs of deceased respondents referred to above, learned counsel has instructions to cause appearance. 5.

All civil applications are allowed in terms of prayer clauses 'B', 'C' and 'D'. The civil applications are disposed of. [ SHAILESH P. BRAHME J. ] bsb/Sept. 25