Yashwant Tukaram Shivale (Deceased Thru Lrs (1.1) Fulabai Yeshwamt Shiwale v. Popat Vitthal Shivale And Ohters

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.67 OF 2020 by SATISH RAMCHANDRA SANGAR Date:

2025.10.03 11:06:04 +0530 WITH INTERIM APPLICATION NO.1270 OF 2025 SATISH RAMCHANDRA SANGAR WITH INTERIM APPLICATION NO.1269 OF 2025 WITH INTERIM APPLICATION NO.1268 OF 2025 WITH INTERIM APPLICATION NO.1266 OF 2025 WITH CIVIL APPLICATION NO.46 OF 2020 IN SECOND APPEAL NO.67 OF 2020 Yashwant Tukaram Shivale (Since deceased through LRs) 1a.

Fulabai Yashwant Shivale and Ors. ...Appellants/Applicants V/s.

Popat Vitthal Shivale and Ors.

...Respondents

***** Mr.Sudhir Vinayak Sadavarte:- Advocate for Appellants/Applicants. *****

CORAM

:

S. M. MODAK, J.

DATE :

25th SEPTEMBER 2025 P. C. :- INTERIM APPLICATION NO.1266 OF 2025 1.

2.

The Respondent No.6 - Deepak Sudam Suryavanshi expired on 1/4

20th March 2021. The Respondent Nos.6a to 6c are his Legal Representatives. Notice was issued to these Legal Representatives. There is an Affidavit of service. No one has appeared. 3.

There is a delay of 152 days. For the reasons stated in the Application, it is allowed in terms of prayer clauses (b) and (c). Amendment to be carried out within two (2) weeks. 4.

Issue notice before Admission to these Respondents returnable on 6th November 2025.

5.

INTERIM APPLICATION NO.1268 OF 2025 6.

7.

The Respondent No.3 - Bhimabai Vitthal Shivale expired on 29th November 2023. The Respondent Nos.3a to 3c are her Legal Representatives. Notice was issued to these Legal Representatives. There is an Affidavit of service. No one has appeared. 8.

There is a delay of 4 years and 20 days. For the reasons stated in the Application, it is allowed in terms of prayer clauses (b) and (c). Amendment to be carried out within two (2) weeks. 9.

Issue notice before Admission to these Respondents returnable on 6th November 2025.

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10.

INTERIM APPLICATION NO.1269 OF 2025 11.

12.

The Respondent No.7 - Sudam Jagannath Suryavanshi expired on 10th March 2020. The Respondent Nos.7a to 7c are his Legal Representatives. Notice was issued to these Legal Representatives. There is an Affidavit of service. No one has appeared. 13.

There is a delay of 4 years and 20 days. For the reasons stated in the Application, it is allowed in terms of prayer clauses (b) and (c). Amendment to be carried out within two (2) weeks. 14.

Issue notice before Admission to these Respondents returnable on 6th November 2025.

15.

INTERIM APPLICATION NO.1270 OF 2025 16.

17.

This is an Application for bringing the Legal Representatives of the Respondent No.5 - Dnyonba Tukaram Shivale. He expired on 24th December 2015. However leaving behind Respondent Nos.3a, 3b and Respondent No.4. Inadvertently in the prayer clause, the Respondent No.4 is not mentioned and instead of Respondent No.5, it is typed as 3/4

Respondent No.3. Oral leave is sought to amend the prayer clause (c). Granted. In prayer clause (c), Respondent No.4 be added in the first line and instead of Respondent No.3, Respondent No.5 be replaced. Amendment be carried out forthwith.

18.

The Respondent No.4 is already there on record. Wheres Respondent Nos.3a to 3c are permitted to be brought on record by the order passed in Interim Application No.1268 of 2025. That is why present Interim Application is also allowed in terms of prayer clauses (a) and (b). Notice be issued to the newly added Respondents returnable on 6th November 2025.

19.

[S. M. MODAK, J.] 4/4