Valmik Gabaji Jawalkar v. Chandrabhaga Laxman Jawalkar Deceassed And ORS

Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 8270 OF 2024 INTERIM APPLICATION NO. 8268 OF 2024 INTERIM APPLICATION NO. 8265 OF 2024 IN SECOND APPEAL NO. 182 OF 2007 Valmik Gabaji Jawalkar .....Applicant Vs.

Chandrabhaga Laxman Jawalkar .....Respondents deceased and ors WITH SECOND APPEAL NO. 182 OF 2007 WITH INTERIM APPLICATION NO. 8271 OF 2024 IN SECOND APPEAL NO. 182 OF 2007 Gabaji Keshav Javalkar (Deceased) ....Appellant Vs.

Chandrabhaga Laxman Jawalkar .....Respondents deceased and ors Mr. Ganesh Munde i/b P. B. Shah for the appellant Mr. Mandar Limaye for respondent nos. 1 to 4 Mr. Vedant Dnyaneshwar Bende for respondent nos. 5A to 5H CORAM : GAURI GODSE, J.

DATE :

11th MARCH 2025 1/3

ORDER:

INTERIM APPLICATION NO. 8268 OF 2024:

1.

This application is for bringing on record names of heirs and legal representatives of deceased respondent no. 5. The heirs and legal representatives are served and are represented through advocate.

2.

In the facts and circumstances of the case, delay is condoned and the application is allowed in terms of prayer clause (a), (b) and (c). INTERIM APPLICATION NO. 8271 OF 2024:

3.

This application is for bringing on record names of heirs and legal representatives of deceased respondent no. 2. The heirs and legal representatives are served and are represented through advocate.

4.

In the facts and circumstances of the case, delay is condoned and the application is allowed in terms of prayer clause (a), (b) and (c). 5.

Amendment to be carried out within four weeks. INTERIM APPLICATION NO. 8270 OF 2024:

6.

This application is for deleting the name of respondent no. 1 on the ground that her heirs and legal representatives are already on 2/3

record in different capacity as respondent nos. 2 to 5. Respondent nos. 2 and 5 have expired and by a separate order, the applications for bringing on record her heirs and legal representatives is already allowed.

7.

Hence, this application is allowed in terms of prayer clause (a) and (b).

8.

Amendment to be carried out within four weeks. INTERIM APPLICATION NO. 8265 OF 2024:

9.

This application is for deleting the name of appellant no. 1A on the ground that heirs and legal representatives are already on record in different capacity as appellant nos. 1B to 1H. 10.

Application is therefore allowed in terms of prayer clause (a) and (b).

11.

Amendment to be carried out within four weeks. SECOND APPEAL NO. 182 OF 2007:

12.

Learned advocates appearing for the heirs and legal representatives i.e. added respondents waives notice of the second IRESH MASHAL appeal.

Digitally signed by IRESH MASHAL Date:

2025.03.12 14:39:28 +0530 [GAURI GODSE, J.] 3/3