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Bombay High CourtCA/13246/2025admittedallowedgrantedrule absolute

Kakasaheb Uttamrao Chavan Expired Through Lrs Darshana And ORS. v. Ravindra S/O Prakash Solunke And ORS.

2025-12-17Hon'Ble Shri Justice Abhay J. Mantri2 pages

2025:BHC-AUG:37373 919-CA-13246-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13246 OF 2025 IN FIRST APPEAL NO. 734 OF 2021 WITH FIRST APPEAL NO. 1957 OF 2020 Kakasaheb Uttamrao Chavan (Expired) Through LRs.

Darshana Kakasaheb Chavan and Others ..APPLICANTS

VERSUS

Ravindra Prakash Solunke and Others ..RESPONDENTS ....

Ms. M.R. Chavan (Manal), Advocate for applicants Mr. A.S. Usmanpurkar, Advocate for respondent no.3 ....

CORAM : ABHAY J. MANTRI, J.

DATE : 17th DECEMBER, 2025 PER COURT :

1.

Leave is granted to learned counsel for the applicants to carry out the correction of the appeal number mentioned in the application. He inadvertently mentioned the appeal number of the connected appeal in the application. The office is directed to list the application in First Appeal No. 734 of 2021. Amendment/correction is to be carried out forthwith. 2.

The legal representatives of the original claimant/appellant in First Appeal No. 734 of 2021 have moved this application to bring their names on record in place of their father/original claimant, who died during the pendency of the appeal, for which learned counsel for the Respondent No.3 - Insurance Company has given no objection. 1 / 2

919-CA-13246-25.odt 3.

Similarly, learned counsel for the Respondent No.3 - Insurance Company orally requested that he may also be permitted to bring the names of the present applicants, i.e. legal representatives of Respondent No.1, on record in the connected First Appeal No. 1957 of 2020, as both the appeals are arising out of the same judgment.

4.

In view of the above, the application as well as the oral request of the learned Counsel for the Insurance Company is allowed. Accordingly, delay is condoned. The order of abetment, if any, is quashed and set aside. The applicants are permitted to bring their names on record in First Appeal No. 734 of 2021 within three weeks from today, and to serve a copy of the amended appeal memo on the respondents within two weeks thereafter. 5.

Likewise, the insurance company i.e. the appellant in First Appeal No. 1957 of 2020, which is the connected appeal arising out of the same judgment, is also permitted to bring the names of present applicants, who are the legal representatives of Respondent No.1 therein, on record within a period of three weeks from today and serve the copy of amended appeal memo to the respondents within two weeks thereafter. 6.

List the matters on 28th January, 2026.

( ABHAY J. MANTRI, J. ) SSD 2 / 2