Bharatkumar Uttamlal Shah And Another v. Pradipkumar Amrutlal Shah And Others

( 1 ) 61 AO 32 OF 2011

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 61 APPEAL FROM ORDER NO. 32 OF 2011 WITH CIVIL APPLICATION NO. 3278 OF 2024 IN AO/32/2011 WITH CIVIL APPLICATION NO. 3279 OF 2024 IN AO/32/2011 WITH CIVIL APPLICATION NO. 3277 OF 2024 IN AO/32/2011 WITH CIVIL APPLICATION NO. 3280 OF 2024 IN AO/32/2011 BHARATKUMAR UTTAMLAL SHAH AND ANR

VERSUS

PRADIPKUMAR AMRUTLAL SHAH AND ORS ...

Mr. Shah Subodh P., Advocate for Applicants Mr. A. P. Bhandari, Advocate for Respondents ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 03.02.2026 PER COURT :- CIVIL APPLICATION NO. 3277 OF 2024 .

Applicants seek exemption to take steps against deceased respondent no.8 - Smt. Yoginiben Amrutlal Shah. The claim is contested by Mr. Bhandari, learned counsel for the respondents. 2.

The deceased respondent no.8 did not contest the suit in the Trial

( 2 ) 61 AO 32 OF 2011 Court. In view of Order XXII Rule 4 (4) of C.P.C., exemption can be granted to the applicants to take steps against deceased respondent no.8. 3.

Civil Application is allowed in terms of prayer clause "A". 4.

It is clarified that the exemption shall be granted at the risk of the applicants.

CIVIL APPLICATION NO. 3279 OF 2024 5.

Issue notice to the proposed legal heirs of deceased respondent no.13, returnable on 24.02.2026.

( SHAILESH P. BRAHME, J. ) PRW