Yashodabai Dashrath Bhapkar Deceased Through Lrs. Hirabai Sopan Kshirsagar And ORS. v. Dashrath Vyankoji Bhapkar Deceased Through Lrs. Through Hirabai Sopan Kshirsagar And ORS

2024:BHC-AUG:3826 1 912 ca 11832-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 CIVIL APPLICATION NO. 11832 OF 2023 IN SA/447/2010 YASHODABAI DASHRATH BHAPKAR DECEASED THROUGH LRS. HIRABAI SOPAN KSHIRSAGAR AND OTHERS

VERSUS

DASHRATH VYANKOJI BHAPKAR AND ORS ...

Mr. Latange V. P., Advocate for applicants Mr. Ajit M. Gholap, advocate for respondent Nos.2 to 10 Mr. Shinde Balaji S., advocate for respondent Nso.1A to 1F ....

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 23/02/2024.

P. C. :

1.

Heard rival submissions.

2.

The present applicants, who are the legal representatives of respondent No.1 in the present appeal are seeking permission to transpose themselves as appellants by condoning the delay of 38 delays.

3.

The learned counsel for respondent Nos.2 to 10 strongly opposed the application on the ground that the original plaintiff had also challenged the sale deed executed in favour of Dashrath. However, the partition suit rights of the parties are to be decided on the basis of evidence on record. At this juncture, the applicants who are also the legal representatives of Yeshodabai, can be allowed to prosecute the appeal as appellants since in a partition suit the

2 912 ca 11832-23 position of plaintiff and defendants is always interchangeable. As such, the application stands allowed in terms prayer clause-B. 4.

Necessary amendment be carried out within stipulated period.

5.

Civil application is accordingly disposed of. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-