Chaitanya Gajanan Nimbalkar v. Kailas Raosaheb Nimbalkar And ORS

6-WP-19242-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 19242 OF 2024 Chaitanya Gajanan Nimbalkar ...

Petitioner V/s.

Kailas Raosaheb Nimbalkar and Ors. ...

Respondents ------------------- Mr. Jayendra Khairnar, for the Petitioner.

--------------------

CORAM

:

N.J. JAMADAR, J.

DATE :

7TH APRIL 2025.

Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2025.04.09 09:51:19 +0530 VARSHA DEEPAK GAIKWAD PC:

1.

Heard the learned counsel for the petitioner. 2.

The challenge in this petition is to an order dated 2nd May 2024, whereby the learned Civil Judge, Satara has permitted the plaintiff to bring on record Ms. Monali Hemant Jagtap as the adopted daughter of plaintiff no. 2, who passed away on 10th November 2023. 3.

The learned Civil Judge was of the view that the question as to whether Ms. Monali Hemant Jagtap is the adopted daughter of plaintiff no. 2 was required to be decided at the trial. 3.

Learned counsel for the petitioner submits that the said issue has not been settled by the trial Court. Attention before it is invited to the issues (Exhibit-G) which were settled on 22nd June 2023. Evidently, issues were settled before Ms. Monali came to be impleaded as a legal varsha

6-WP-19242-2024.doc representative of plaintiff no. 2.

4.

In this view of the matter, the petitioner is at liberty to file an appropriate application before the trial Court to frame an additional issue with regard to the representation of the plaintiff no. 2 by Ms. Monali.

5.

In the event such an application is filed, the trial Court shall decide the same on its own merit and in accordance with law. 6.

Subject to the abovesaid liberty, the petition stands disposed. (N.J. JAMADAR, J) varsha