Babu Changya Patil ( Deceased ) v. Bhagibai Phulaji Mhaskar ( Deceased )

31.8135.24 ia.docx Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 8135 OF 2024 INTERIM APPLICATION NO. 8137 OF 2024 IN SECOND APPEAL NO. 513 OF 2013 Babu Changya Patil (Decd) .....Applicant Vs.

Bhagibai Phulaji Mhaskar Decd.

.....Respondents and ors Mr. Raghvendra Kulkarni h/f Mr. Prasad Kulkarni for the applicant/appellant Mr. Mandar Limaye for respondent nos. 1 to 7 Ms. Sonali R. Chavan i/b Dr. Uday P. Warunjikar for respondent nos. 12/1 to 12/3 to 16 and 18 IRESH MASHAL Digitally signed by IRESH MASHAL Date:

2024.12.03 09:36:36 +0530 CORAM : GAURI GODSE, J.

DATE :

2nd DECEMBER 2024.

ORDER:

INTERIM APPLICATION NO. 8135 OF 2024:

1.

This application is for bringing on record names of heirs and legal representatives of deceased respondent no. 1. The heirs are represented by their advocate. There is delay in filing the application. 2.

Learned counsel for the heirs and legal representatives submits that no satisfactory reasons are mentioned for condonation of delay. 3.

I have perused the application. In the facts and circumstances of 1/2

31.8135.24 ia.docx the case, delay is condoned. The application is allowed in terms of prayer clause (a) and (b). Amendment to be carried out within two weeks.

INTERIM APPLICATION NO. 8137 OF 2024:

4.

This application is for bringing on record names of heirs and legal representatives of deceased respondent no. 9. As per office remark, notice issued to the heirs and legal representatives are still awaited. The second appeal is still pending for admission. Hence, the application can be heard alongwith the second appeal. 5.

Learned counsel for the appellant seeks time to point out whether the second appeal raises any question of law. 6.

By way of last chance, list the second appeal for admission on 17th December 2024. All the applications will be heard alongwith the second appeal.

7.

It is clarified that no further adjournment will be granted. 8.

It is further clarified that if the second appeal is not argued on merits on the next date, it will be dismissed for non prosecution. [GAURI GODSE, J.] 2/2