Sahebrao Vyankatrao Deshmukh v. Digambar Vyankatrao Deshmukh Chandrakalabai And ANR

2087.2025CA+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

927 CIVIL APPLICATION NO. 2087 OF 2025 IN SA/74/2012 Sahebrao Vyankatrao Deshmukh

VERSUS

Digambar Vyankatrao Deshmukh Chandrakalabai And Anr ...

Advocate for Applicant : Mr. Mohekar Ganesh V. Advocate for Respondent Nos.1 and 2 : Mr.P.N. Kalani ...

WITH CIVIL APPLICATION NO. 2089 OF 2025 IN SA/74/2012 WITH CIVIL APPLICATION NO. 2088 OF 2025 IN SA/74/2012 WITH SECOND APPEAL NO. 74 OF 2012 Sahebrao Vyankatrao Deshmukh

VERSUS

Digambar Vyankatrao Deshmukh And Anr ...

CORAM :

ROHIT W. JOSHI, J.

DATE :

27th FEBRUARY, 2025 P.C.:

Civil Application No. 2087/2025 :- 1.

Respondent No.1 - Digambar Vyankatrao Deshmukh has expired on 24.11.2022. Respondent No.2 - Chandrakala is his wife. As per applicant in the application, she is sole legal heir of deceased Respondent No.1. Since she is on record, delay caused in filing the application for bringing legal representatives on record, which is in fact

2087.2025CA+.odt mere formality, is condoned. Abatement of appeal against Respondent No.1 is set aside. Respondent No.2 shall represent the estate of deceased Respondent No.1.

2.

The Civil Application stands disposed of.

Civil Application No. 2088 of 2025 :- Learned counsel for the respondents seeks two weeks time to file reply.

2.

Time is granted. However, in the meantime, both the parties shall maintain status-quo with respect to the suit property. Civil Application No. 2089/2025 :- This is an application for early hearing. Appeal is of the year 2012. Both the parties are senior citizens. The application is allowed. Include the Second Appeal for final hearing in the week commencing from 17th March, 2025.

[ROHIT W. JOSHI] JUDGE sga/