Changunabai Dagdu Bankar v. Vitthal Shankar Bankar And ORS

2025:BHC-AS:6535 42 wp 446 of 2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.446 OF 2022 Changunabai Dagdu Bankar ...

Petitioner versus Vitthal Shankar Bankar and Ors.

...

Respondents WITH INTERIM APPLICATION NO.16125 OF 2023 Mr. Shailesh D. Chavan, for Petitioner.

Mr. P.P.Devkar, for Respondent Nos.1 to 3.

Mr. Uday Nighot with Mr. Abhijeet Kadam, Ms. Sulajja Patil, Mr. Niraj Kate, for Respondent Nos.4 to 7.

CORAM: N.J.JAMADAR, J.

DATE :

10 FEBRUARY 2025 P.C.

1.

Heard the learned Counsel for the parties.

2.

Learned Counsel for the Respondents invites attention of the Court to an order dated 30 January 2025 whereby the learned Civil Judge, Sr. Division, Satara, has disposed of Special Civil Suit No.226 of 2020 as having been abated on account of the death of the sole Plaintiff on 9 December 2022.

3.

In view of the above, nothing survives in this Petition. 4.

Learned Counsel for the Petitioner, however, submits that by an order dated 9 February 2022, this Court had granted ad-interim relief in the nature of directing the parties to maintain status quo on the issue of apportionment of the amount. Learned Counsel submits that the steps would be taken by the SSP 1/2

42 wp 446 of 2022.doc legal representatives of the Petitioner/Plaintiff to get the order of abatement of the suit set aside and bring the legal representatives of the Plaintiff on record. 5.

In view of the aforesaid order dated 9 February 2022, in the interest of justice, the said direction to maintain status quo shall remain in operation for a period of six weeks from today.

6.

The Writ Petition stands disposed.

7.

Interim Application also stands disposed.

( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 11/02/2025 11:09:13