Tukaram Rambhau Shinde And ORS v. Chhayabai Vilas Walunjkar And ORS

( 1 ) 40 CA 10074 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 40 CIVIL APPLICATION NO. 10074 OF 2025 IN SA/107/2016 TUKARAM RAMBHAU SHINDE AND ORS

VERSUS

CHHAYABAI VILAS WALUNJKAR AND ORS ...

Mr. A. A. Gatne h/f. A. B. Gatne, Advocate for Applicant (Through V.C.) Mr. Pradip Sambhaji Jadhav h/f. Mr. V. P. Latange, Advocate for Respondent Nos.1 to 4 ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 03.12.2025 PER COURT :- .

Applicants are praying for condonation of delay for setting aside abatement and for bringing legal heirs of respondent nos.6A and 6B on record. The notices were duly served on the proposed legal heirs of respondent no.6B but they have not caused appearance.

2.

It reveals from the record that respondent no.6A is survived by respondent nos.6B and 6C and there is no necessity to take independent steps against respondent no.6A. The legal heirs of respondent no.6A are mentioned in paragraph 8 of the application. The cause of action survives as against them. They are necessary parties.

( 2 ) 40 CA 10074 OF 2025 3.

For the reasons stated in the application, Civil Application is allowed in terms of prayer clause "B" to "E". The delay stands condoned. 4.

Stand over to 07.01.2026.

( SHAILESH P. BRAHME, J. ) PRW