Gopinath Raghu Kadam Died Through Lrs Maruti Gopinath Kadam And Others v. Dnyanoba Gahininath Tambe And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 907 OF 2025 IN CA/1241/2020 IN WP/1047/2011 GOPINATH RAGHU KADAM DIED THROUGH LRS MARUTI GOPINATH KADAM AND OTHERS

VERSUS

DNYANOBA GAHININATH TAMBE AND OTHERS ...

Shri N.K. Chaudhari, Advocate h/f Shri Gaikwad Siddheshwar M., Advocate for the Applicants.

Shri H.V. Tungar, Advocate for Respondent Nos.1 to 4. Ms. P.J. Bharad, AGP for Respondent Nos.5 to 7/State. ...

CORAM : MANGESH S. PATIL & PRAFULLA S. KHUBALKAR, JJ.

DATE : 07th February, 2025 Per Court :- This is an application seeking setting aside of the abatement by condoning the delay for bringing the legal representatives of petitioner No.1 in the writ petition, namely, applicant Nos.1-A to 1-M in the civil application, on record. 2.

Considering the relief being claimed in the writ petition, in spite of the death of the original petitioner No.1 in the writ petition, cause of action would survive to the remaining four petitioners. It would not abate the matter and they can prosecute

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3.

The Civil Application is allowed. The legal representatives of the original petitioner No.1/ applicant No.1 are allowed to be brought on record. Necessary amendment be carried out within two weeks.

kps ( PRAFULLA S. KHUBALKAR, J.) ( MANGESH S. PATIL, J.)