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Bombay High CourtIA/9607/2024allowed

Joseph P. Pen v. Mingel Antoo Kudel And ORS.

2025-08-01Hon'Ble Shri Justice Milind N. Jadhav3 pages

HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8838 OF 2004 Bapu Manku Shinde (Deceased) by legal heirs Keraba Bapur Shinde and Ors.

.. Petitioners

Versus

Hindurao Bapurao Chavan and Ors.

.. Respondents WITH CIVIL APPLICATION (ST) NO. 162 OF 2019 WITH CIVIL APPLICATION (ST) NO. 146 OF 2019 IN WRIT PETITION NO. 8838 OF 2004 WITH WRIT PETITION NO. 5753 OF 2004 WITH INTERIM APPLICATION NO. 9607 OF 2024 IN WRIT PETITION NO. 5753 OF 2004 ....................

 Mr. V. B. Rajure, Advocate for Applicant in Civil Applications and for Petitioner in Writ Petition No.8838 of 2004.  Mr. S. G. Karandikar, Advocate for Applicant in Interim Application and Petitioner in Writ Petition No.5753 of 2004. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : AUGUST 01, 2025 P.C.

:

1.

Heard Mr. Rajure, learned Advocate for Applicant in Civil Applications and for Petitioners in Writ Petition No.8838 of 2004 and Mr. Karandikar, learned Advocate for Applicant in Interim Application and Petitioner in Writ Petition No.5753 of 2004.

CIVIL APPLICATION (STAMP) NO.162 OF 2019:- 2.

Civil Application (Stamp) No.162 of 2019 has been filed for bringing on record the legal heirs of Respondent No.1 who has expired in the interregnum.

2.1.

For the reasons mentioned in the Application, Civil Application stands allowed in terms of prayer clauses (b) and (c). Delay, if any, is condoned. Abatement, if any, stands set aside. Necessary amendment is permitted to be carried out forthwith in the presence of the Court. Re-verification stands dispensed with. CIVIL APPLICATION (STAMP) NO.146 OF 2019:- 3.

Civil Application (Stamp) No.146 of 2019 has been filed for bringing on record the legal heirs of Petitioner No.4 who has expired in the interregnum. He would request the Court to allow him to amend the prayer clause of deleting name of Baraba Bapu Shinde. The same is granted.

3.1.

For the reasons mentioned in the Application, Civil Application stands allowed in terms of prayer clauses (b), (b1) and (c). Delay, if any, is condoned. Abatement, if any, stands set aside. Necessary amendment is permitted to be carried out forthwith in the presence of the Court. Re-verification stands dispensed with.

INTERIM APPLICATION NO.9607 OF 2024:- 4.

Interim Application No.9607 of 2024 has been filed for bringing on record the legal heirs of Petitioner No.5 on record who has expired in the interregnum.

4.1.

For the reasons mentioned in the Application, Interim Application stands allowed in terms of prayer clauses (a) and (b). Delay, if any, is condoned. Abatement, if any, stands set aside. Necessary amendment is permitted to be carried out forthwith in the presence of the Court. Re-verification stands dispensed with. 5.

Re-constructed brief of Writ Petition No.8838 of 2004 is accepted by the Court as submitted by Mr. Rajure. 6.

List the Writ Petitions on 'Final Hearing Board' on 06th August, 2025 onwards.

7.

Civil Application (Stamp) No.162 of 2019, Civil Application (Stamp) No.146 of 2019 and Interim Application No.9607 of 2024 are allowed and disposed.

H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date: 2025.08.02 17:57:10 +0530 HARSHADA HANUMANT SAWANT