Smt. Manabai Wd/O Fajitrao Shende And 2 ORS v. Smt. Tarabai W/O Gopichand Khadse And ORS
09. SA 424.11.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CIVIL APPLICATION NOS.559/2025 AND 560/2025 IN SECOND APPEAL NO. 424 OF 2011 Smt. Manabai Fajitrao Shende (dead) thru LRs and ors. Vs.
Smt. Tarabai Gopichand Khadse and ors.
Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. S. S. Deshpande, Advocate for appellants. Mr. S. D. Ingole, Advocate for respondents CORAM : ROHIT W. JOSHI, J.
DATE : 20.01.2026.
.
Civil Application Nos.559 of 2025 and 560 of 2025 are filed for setting aside abatement and for permission to bring legal representatives of deceased appellant No.3 on record.
2.
It is stated that appellant No.3 has expired on 07.04.2024. The applications are filed on 02.07.2024 i.e. within a period of 90 days from the date of demise of appellant No.3.
3.
In view of the aforesaid, Civil Application Nos.559 of 2025 and 560 of 2025 are allowed.
4.
Necessary amendment in order to incorporate names of legal representatives of deceased appellant No.3 be carried out on or before 30.01.2026.
5.
While Civil Application Nos.559 of 2025 and 560 of 2025 were listed on 14.11.2025, a submission was
09. SA 424.11.odt made that the said applications were filed for bringing legal representatives of deceased respondent No.3 on record.
6.
Learned Advocate appearing for respondent also made a statement that he will seek instructions as to whether he can appear on behalf of the proposed legal representatives.
7.
In view of the aforesaid, notice was ordered to be issued to legal representatives of deceased respondent No.3 on these applications.
8.
That order is passed in view of the confusion as aforesaid. Order dated 14.11.2025 to the extent is directed issuance of notice to legal representatives of deceased respondent No.3 is, therefore, recalled. 9.
It is informed that names of legal representatives of deceased respondent No.7 are not brought on record, despite order dated 14.11.2025.
10.
Time for carrying out the amendment in this regard is extended till 30.01.2026.
(ROHIT W. JOSHI, J.) Tanmay...