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Bombay High CourtCAW/2241/2018disposed off

Krishna Janardhan Kale (Since Deceased Through Lrs.) v. Mahadeo Janardhan Kale And ORS.

2025-07-16Hon'Ble Shri Justice Milind N. Jadhav6 pages

HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2483 OF 2000 Krishna Janardhan Kale .. Petitioner

Versus

Mahadeo Janardhan Kale And Ors.

.. Respondents WITH INTERIM APPLICATION (ST.) NO.23821 OF 2025 IN WRIT PETITION NO.2483 OF 2000 Krishna Janardhan Kale (since deceased through legal heirs) Nalini Krishna Kale (since deceased through legal heirs) Shyam Krishna Kale and Ors.

.. Applicants

IN THE MATTER BETWEEN:

Krishna Janardhan Kale .. Petitioner

Versus

Mahadeo Janardhan Kale And Ors.

.. Respondents WITH INTERIM APPLICATION NO.3355 OF 2023 IN WRIT PETITION NO.2483 OF 2000 Krishna Janardhan Kale (since deceased through legal heirs) Nalini Krishna Kale (since deceased through legal heirs) Shyam Krishna Kale and Ors.

.. Applicants

IN THE MATTER BETWEEN:

Krishna Janardhan Kale .. Petitioner

Versus

Mahadeo Janardhan Kale And Ors.

.. Respondents WITH CIVIL APPLICATION NO.2241 OF 2018 IN WRIT PETITION NO.2483 OF 2000 Krishna Janardhan Kale (since deceased through legal heirs) Nalini Krishna Kale and Ors.

.. Applicants

Versus

Mahadeo Janardhan Kale And Ors.

.. Respondents WITH INTERIM APPLICATION (ST.) NO.1232 OF 2025 IN WRIT PETITION NO.2483 OF 2000 Krishna Janardhan Kale (since deceased through legal heirs) Nalini Krishna Kale (since deceased through legal heirs) Shyam Krishna Kale and Ors.

.. Applicants

IN THE MATTER BETWEEN:

Krishna Janardhan Kale .. Petitioner

Versus

Mahadeo Janardhan Kale And Ors.

.. Respondents WITH INTERIM APPLICATION (ST.) NO.23904 OF 2025 IN WRIT PETITION NO.2483 OF 2000 Krishna Janardhan Kale (since deceased through legal heirs) Nalini Krishna Kale (since deceased through legal heirs) Shyam Krishna Kale and Ors.

.. Applicant

IN THE MATTER BETWEEN:

Krishna Janardhan Kale .. Petitioner

Versus

Mahadeo Janardhan Kale And Ors.

.. Respondents WITH INTERIM APPLICATION (ST.) NO.23913 OF 2025 IN WRIT PETITION NO.2483 OF 2000 Krishna Janardhan Kale (since deceased through legal heirs) Nalini Krishna Kale (since deceased through legal heirs) Shyam Krishna Kale and Ors.

.. Applicant

IN THE MATTER BETWEEN:

Krishna Janardhan Kale .. Petitioner

Versus

Mahadeo Janardhan Kale And Ors.

.. Respondents

....................

 Mr. I. M. Khairdi, Advocate for Petitioner.

 Mr. K. P. Shah, Advocate for legal heirs of Respondent No.1. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : JULY 16, 2025 P.C.

:

1.

Heard Mr. Khairdi, learned Advocate for Petitioner and Mr. Shah, learned Advocate for legal heirs of Respondent No.1. INTERIM APPLICATION (ST.) NO.23821 OF 2025:- 2.

Respondent No.1 has expired in the interregnum. Interim certificate of deceased Respondent No.1 is appended at Exhibit-E, page 2.1.

INTERIM APPLICATION NO.3355 OF 2023:- 3.

Petitioner No.1A has expired in the interregnum. Interim Application is filed for bringing her legal heirs on record. The death certificate of deceased Petitioner No.1A is appended at Exhibit-A, page No.10 of the Application.

3.1.

CIVIL APPLICATION NO.2241 OF 2018:- 4.

Petitioner has expired in the interregnum. Interim certificate of deceased Petitioner No.1A is appended at page No.7 of the Application.

4.1.

Application stands allowed in terms of prayer clause (b). Delay in filing INTERIM APPLICATION (ST.) NO.23904 OF 2025:- 5.

Interim Application is mentioned and taken on today's board. 6.

Respondent No.4 has expired in the interregnum. Interim Application is filed for bringing her legal heirs on record. The death certificate of deceased Respondent No.4 is appended at Exhibit-A, page 6.1.

INTERIM APPLICATION (ST.) NO.23913 OF 2025:- 7.

Interim Application is mentioned and taken on today's board.

7.1.

Respondent No.2 has expired in the interregnum. Interim certificate of deceased Respondent No.2 is appended at Exhibit-A, page 7.2.

8.

Learned Advocate for Applicants is directed to carry out necessary amendment regarding impleadment of legal heirs of deceased parties within a period of one week from today. Reverification stands dispensed with. Registry shall permit the Advocate for Petitioner / Applicants to carry out the amendment. 9.

Copy of amended cause-title shall be served by the learned Advocate for Petitioners on the learned Advocate for Respondents. 10.

Interim Application (Stamp) No.1232 of 2025 is filed by Petitioners, inter alia, requiring to bringing on record subsequent purchasers of the subject property which has been sold by Respondents during the pendency of Writ Petitions. Prima facie, there cannot be

any impediment to allow the same. However, at the request of Mr. Shah, Interim Application (Stamp) No.1232 of 2025 is adjourned by one week to enable Mr. Shah to take instructions and apprise the Court accordingly.

11.

Stand over to 23rd July, 2025.

12.

Interim Application No.2241 of 2018, Interim Application No.3355 of 2023, Interim Application (Stamp) No.23821 of 2025, Interim Application (Stamp) No.23904 of 2025 and Interim Application (Stamp) No.23913 of 2023 are disposed. H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date: 2025.07.17 11:33:40 +0530 HARSHADA HANUMANT SAWANT