Dattu Maruti Mali(Decd. Thr.Lrs) Mrs. Shalan Dattatray Mali And ANR. v. Shankar Kondi Sutar(Since Decd. Thr. Lrs) Pandit Kondi Sutar And ORS
56 - IA - 3287 - 2019.doc VRJ
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.3288 OF 2019 IN SECOND APPEAL NO.222 OF 2005 VAIBHAV RAMESH JADHAV Dattu Maruti Mali, Since Deceased, Through His Legal Heirs:
1A. Shalan Dattatray Mali & Anr.
... Applicants V/s.
Shankar Kondi Sutar, Since Deceased Through His Legal Heirs & Ors.
... Respondents VAIBHAV RAMESH JADHAV Date: 2025.11.12 16:01:50 +0530 WITH INTERIM APPLICATION NO.3287 OF 2019 IN SECOND APPEAL NO.222 OF 2005 WITH INTERIM APPLICATION NO.3289 OF 2019 WITH INTERIM APPLICATION (ST.) NO.15590 OF 2024 WITH INTERIM APPLICATION NO.3356 OF 2019 WITH INTERIM APPLICATION NO.3288 OF 2019 WITH INTERIM APPLICATION (ST.) NO.10820 OF 2024 IN SECOND APPEAL NO.222 OF 2005 Mr. Shivprasad Page for the applicants.
Siyal Magdum i/by Mr. Umesh Mankapure for respondent No.2.
CORAM
: S. G. CHAPALGAONKAR, J.
DATED : NOVEMBER 11, 2025
56 - IA - 3287 - 2019.doc P.C.:
INTERIM APPLICATION NO.3288 OF 2019 1.
Heard learned advocates appearing for respective parties. 2.
Present application is filed seeking to condone delay of 4352 days caused in filing present application for bringing heirs and legal representatives of deceased appellant-Dattu Maruti Mali. 3.
The application is firmly opposed by learned advocate appearing for respondent. However, there is no contest to the averments in application.
4.
Learned advocate appearing for applicants points out that appellant himself was looking to the litigation and his heirs and legal representatives were not aware of the same. Only after receiving information regarding execution of decree, they got knowledge and filed application. There appears to be substance in contention of the applicants.
5.
In that view of the matter, interim application is allowed in terms of prayer clauses (b) and (c).
6.
Necessary amendment to be carried out within a period of two weeks from today.
(S. G. CHAPALGAONKAR, J.)