Sarjerao Baba Pawar Deceased Through His Legal Heirs v. 1. Sopan Maruti Pawar Deceased Through Its Legal Heirs And ORS

37-IA-8936-2024.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 8936 OF 2024 rrpillai WITH INTERIM APPLICATION NO. 8932 OF 2024 WITH INTERIM APPLICATION NO. 8933 OF 2024 IN SECOND APPEAL(ST) NO. 11379 OF 2024 Sarjerao Baba Pawar ...

Applicants/Appellants Deceased through his Legal Heirs Vs.

Sopan Maruti Pawar Deceased ...

Respondents through its Legal Heirs Mr. Umesh Mankapure a/w. Ms. Stefy Dias and Ms. Rutuja Khatmode for Appellants / Applicants.

CORAM : GAURI GODSE, J.

DATE :

18th SEPTEMBER 2024 ORDER :

1.

Heard learned counsel for the applicants. Learned counsel for the applicants submits that the Second Appeal raises following substantial questions of law :

(i) Whether the First Appellate Court erred in deciding the application at Exhibit 26 filed by the heirs of the plaintiff by RAJESHWARI RAMESH PILLAI Date:

2024.09.23 16:36:53 +0530 RAJESHWARI RAMESH PILLAI 1/2

37-IA-8936-2024.docx instead of simplicitor setting aside the decree passed by the trial court on the ground it was passed against a dead person ?

(ii) Whether the First Appellate Court instead of deciding application at Exhibit 26 should have set aside the decree of the trial court on the ground that it was passed against a dead person leaving it open for the plaintiff to take appropriate steps by taking out appropriate proceeding for setting aside abatement of the suit ?

2.

I have perused the papers of the Second Appeal as well the application for condonation of delay. Issue Notice of Interim Application No. 8932 of 2024 returnable on 16th December 2024. 3.

Office is directed to issue notice alongwith copy of this order. In addition to court notice learned Advocate for the applicant to serve the respondents alongwith copy of this order and file service affidavit before the next date.

[GAURI GODSE, J.] 2/2