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Bombay High CourtIA/11288/2025disposed off

Smt. Pushpa Vinayak Shende Since Deceased Thr. Lrs. And ORS. v. Birbal Gopal Deshmukh Since Deceased Thr.Lrs. Chingabai Birbal Deshmukh And ORS.

2025-12-01Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

43 - IA - 11288 - 2025 .doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4061 OF 1999 Birbal Gopal Deshmukh Since Deceased By His Legal Heirs & Ors.

... Petitioners V/s.

Pushpa w/o Vinayak Shende & Ors.

... Respondents VAIBHAV RAMESH JADHAV VAIBHAV RAMESH JADHAV Date: 2025.12.02 10:32:05 +0530 WITH INTERIM APPLICATION NO.11288 OF 2025 IN WRIT PETITION NO.4061 OF 1999 Pushpa Vinayak Shende Since Deceased Through Lr, & Ors.

... Applicants In the matter between Birbal Gopal Deshmukh Since Deceased Through Lr's & Ors.

... Petitioners V/s.

Pushpa Vinayak Shende Since Deceased Through Lr, & Ors.

... Respondents Mr. Sujit Bugade for the applicants (through V.C.). Mr. Shantanu Gurav i/by Mr. Sarang S. Aradhye for respondent No.3 in WP/4061/1999.

CORAM

: S. G. CHAPALGAONKAR, J.

DATED : DECEMBER 1, 2025 P.C.:

1.

The applicants in interim application, who are legal heirs of Pushpa Vinayak Shende, i.e., respondent No. 1 in writ petition,

43 - IA - 11288 - 2025 .doc contend that respondent No. 1, Pushpa, died on 7th March 2017, and respondent No. 2, Vinayak Govind Shende, died on 3rd April 2021.

2.

The order of abatement dated 19th November 2025, passed by Registrar (Judicial) (OSD), was specifically passed as no steps were taken to bring legal heirs of respondents on record. By order dated 15th September 2022, writ petition was posted for dismissal. However, till date, no steps have been taken to bring legal heirs of respondents on record. The writ petition is, therefore, dismissed for want of steps.

3.

The interim application stands disposed of.

(S. G. CHAPALGAONKAR, J.)