Keshav Narayan Kamble Thr. Poa Rajesh Keshav Kamble v. Vishwanath Namdeo Malgaonkar And ORS

KVM 23 - IA 13570 - 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by KANCHAN VINOD MAYEKAR Date:

2025.06.27 10:50:48 +0530 KANCHAN VINOD MAYEKAR INTERIM APPLICATION NO.13570 OF 2024 IN WRIT PETITION NO. 11756 OF 2023 Keshav Narayan Kamble Thr.

POA Rajesh Keshav Kamble ...Applicant

Versus

Vishwanath Namdeo Malgaonkar & Ors.

...Respondents

Mr. Soosainavis Fernando for Applicant.

None for the Respondents.

CORAM : RAJESH S. PATIL, J.

DATE : 20th JUNE, 2025.

P.C.:- 1) This interim application has been filed on behalf of the proposed legal heirs of the petitioner. It is submitted by the advocate Mr. Fernandeo that the sole petitioner has died. Hence, an application has been preferred to bring the legal heirs on record of the sole petitioner. 2) Heard advocate Mr. Fernando on behalf of the proposed legal heirs. None appeared for the respondents when the matter is called out. 3) The Division Bench of this Court in case of Keshao s/o. Kawadu Maral & Anr. vs. State of Maharashtra & Others, reported in 2005 (1) Mah.L.J. 1059, condoned the delay of six years in filing the application for bringing the legal heirs on record, relying on the Supreme Court judgment in case of Sardar Amarjit Singh Karla (dead) By LRs. And Others vs. Pramod 1/2

KVM 23 - IA 13570 - 2024.doc Gupta (Smt.) (dead) by LRs. And Others, reported in 2003 (3) SCC 272. 4) Considering the contents in the interim application and the submissions made by the learned counsel and taking into consideration the above judgments, interim application is allowed. 5) The deceased sole petitioner's legal heirs (a) Sugandha kamble, (b) Tejaswini Kamble, (c) Rajesh Keshav Kamble and (d) Supriya Tushar Mondkar, are permitted to be brought on record in the cause title of the writ petition and the amendment be carried out within a period of two weeks from today and amended copy of the writ petition be served on the respondents.

6) Interim application is disposed of.

(RAJESH S. PATIL, J.) 2/2