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Bombay High CourtIA/16/2024disposed off

Mr Namdev Dhondiram Yadav (Since Deceased) Thru. Lrs Mr Arun Namdev Yadav v. Mr Vidyadhar Shankarrao Sarnaik (Deceased) Thr. Lrs. Meena Vidyadhar Sarnaik And ORS

2026-02-06Hon'Ble Shri Justice M. M. Sathaye2 pages

25-CRA-688-2016.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 14 OF 2024 IN CIVIL REVISION APPLICATION NO. 688 OF 2016 Mr Namdev Dhondiram Yadav (Since Deceased) Thru. Lrs Mr Arun Namdev Yadav ... Applicant

Versus

Vidyadhar Shankarrao Sarnaik (Since Deceased) 1.1. Meena Vidyadhar Sarnaik And Ors ... Respondents ALONG WITH INTERIM APPLICATION NO. 16 OF 2024 IN CIVIL REVISION APPLICATION NO. 688 OF 2016 Mr Namdev Dhondiram Yadav (Since Deceased) Thru. Lrs Mr Arun Namdev Yadav ... Applicant

Versus

Vidyadhar Shankarrao Sarnaik (Since Deceased) 1.1. Meena Vidyadhar Sarnaik And Ors ... Respondents *** Mr. Manoj Mohan Gadkari (Through VC) for the Applicant. None for the Respondents.

***

CORAM

: M. M. SATHAYE, J.

DATE : 6th February 2026.

P. C. :

1.

Heard learned Counsel for the Applicant.

Digitally signed by TALLE SHUBHAM ASHOKRAO Date:

2026.02.07 13:10:32 +0530 2.

IA/14/2024 is filed for bringing on record the legal heirs of TALLE SHUBHAM ASHOKRAO Respondent No. 2 (Ratnakar Shankarrao Sarnaik) Shubham

25-CRA-688-2016.doc 3.

IA/16/2024 is filed for bringing on record the legal heirs of deceased Respondent No. 1 (Vidyadhar Shankarrao Sarnaik). 4.

Office note indicates that the proposed legal heirs of both Respondent Nos. 1 and 2 are served. None appears for the proposed legal heirs. No reply has been filed.

5.

There is a delay of 681 days in filing IA/14/2024 and a delay of 998 days in filing IA/16/2024. In both applications, it is stated that the Applicants came to know about the death of the concerned Respondents through a common letter dated 27.06.2023 issued by the Advocate for the deceased Respondents. Thereafter, the applications were filed in September 2023. In essence, it is contended that the death was not within the knowledge of the Applicants and, therefore, there is delay in filing the applications. 6.

Considering the uncontroverted averments made in the applications and the extent of delay, sufficient cause is made out. 7.

Both Interim Applications are allowed. Delay is condoned. Applicants are permitted to bring on record the proposed legal heirs of deceased Respondent Nos. 1 and 2.

8.

Amendment to be carried out within a period of four weeks from today. [ M. M. SATHAYE, J. ] Shubham