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Bombay High CourtCA/6765/2024disposed off

Baliram Gaba Pokale Through Special Poa Ashok Chunilal Borse v. Ashok Sitaram Patil And Others

2026-03-25Hon'Ble Shri Justice Ajit B. Kadethankar2 pages

925-wp-3099-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3099 OF 2024 Baliram Gaba Pokale Through Special Poa Ashok Chunilal Borse

VERSUS

Ashok Sitaram Patil And Others ...

Ms. S. M. Patil h/f Mr. B. B. Kulkarni, Advocate for the Petitioner Mr. G. L. Gujar, Advocate for Respondent nos.1 to 3 and 5 ...

WITH CIVIL APPLICATION NO. 6765 OF 2024 IN WP/3099/2024 .....

CORAM : AJIT B. KADETHANKAR, J.

DATED : 25TH MARCH, 2026 ORDER :- .

Heard Ms. S. M. Patil, learned Counsel h/f Mr. B. B. Kulkarni, learned Counsel for the applicant. She submits that during pendency of the Writ Petition it is learnt that the respondent no.4 is died. She submits that the applicant has gathered information that the parties mentioned at serial nos.4A to 4D in paragraph no.4 of the application are the legal representatives of the deceased respondent no.4. She would submit that some time is lapsed in collecting the information of the legal representatives of respondent no.4. She submits

925-wp-3099-2024 that the delay caused in filing the application is neither intentional nor deliberate. She concludes her argument with a request to allow the application by passing necessary orders. 2.

Mr. G. L. Gujar, learned Counsel for the respondent submits that he has no objection to the application. 3.

Hence, for the reasons stated in the application, the same stands allowed in terms of prayer clause 'A'. 4.

Delay is condoned. Abatement if any, is quashed and set aside. Applicant to amend the title clause of the Writ Petition within a period of two weeks from today.

5.

Stand over to 18.04.2026. Interim relief if any, to continue till then.

6.

Parties are put to notice that the matter shall be heard finally. Parties to address the Court on the stage of the suit at which the impugned application came to be filed. ( AJIT B. KADETHANKAR, J. ) Rushikesh/2026