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Bombay High CourtCA/8867/2025admittedallowedgrantedrule absolute

Manjulabai Dashrath Bhagat Died Thr. Lrs Machhindra Dasharath Bhagat And ORS. v. Jankabai Yadav Labade Died Thr. Lrs Bhaskar Yadav Labade And ORS

2025-11-10Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:30806 58 CA 8867 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 58 CIVIL APPLICATION NO. 8867 OF 2025 IN SA/227/2011 MANJULABAI DASHRATH BHAGAT DIED THR. LRS MACHHINDRA DASHARATH BHAGAT AND ORS.

VERSUS

JANKABAI YADAV LABADE DIED THR. LRS BHASKAR YADAV LABADE AND ORS ...

Advocate for Applicant : Mr. Kulkarni Sanket S. Advocate for Respondent Nos. 2A to 2F/1, 4 & 6 : Mr. Parag Barde h/f mr. R.K. Temkar Advocate for Respondent No. 1D-1 to 1D-3 : Mr. Madhav N. Kalyane ...

WITH CIVIL APPLICATION NO. 8884 OF 2025 IN SA/501/2003 BHANUDAS YADAV LABADE AND ANOTHER

VERSUS

MANJULABAI DASHRATH BHAGWAT L.RS. MACHINDRA DASHRATH BHAGAT AND OTHERS.

...

Advocate for Applicants : Mr. Parag V. Barde h/f Mr. Temkar Rajendra K. Advocate for Respondent No. 4D-1 to 4D-3 : Mr. Madhav N. Kalyane

CORAM

: SHAILESH P. BRAHME, J.

DATE : 10.11.2025 PER COURT :

Respondent no. 1B in Second Appeal No. 227/2011, who is also respondent no. 4B in Second Appeal No. 501/2003 is passed away. She is survived by the legal heirs, who were issued notices. They have caused appearance. The cause of action survives against them and they are necessary parties.

2.

These are the cross-appeals. Delay in preferring application for 1/2

58 CA 8867 OF 2025.odt setting aside abatement and bringing legal heirs of deceased Sushilala @ Shashikala Ramdas Karale stands condoned. Both applications are allowed. Learned counsel Mr. Kalyane waives notice for the legal heirs of deceased Sushilabai.

3.

S.O. to 10.12.2025 for final disposal at 4 p.m. ( SHAILESH P. BRAHME, J.) mkd/- 2/2