Gauri Suvarna v. State Of Maharashtra Throu. Govt Pleader And ANR

23-wp-5464-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5464 OF 2025 Gauri Suvarna ...

Petitioner V/s.

State of Maharashtra through Govt Pleader and Anr ...

Respondents ------------------- Mr. Akshay Patil with Vaishanavi Mane i/by Sushant Chavan, for the petitioner.

Mr. Vishal Kanade with Mr. Bharat Jain and Shruti Salian i/by Economic Laws Practice, for the respondent no. 2. Mr. V.S. Nimbalkar, AGP, for the respondent / State. -------------------- Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2025.04.30 18:10:48 +0530

CORAM

:

N.J. JAMADAR, J.

VARSHA DEEPAK GAIKWAD DATE :

29TH APRIL 2025.

PC:

1.

The challenge in this petition is to an order dated 18th October 2024 passed by the learned Civil Judge, Panvel whereby an application preferred by the plaintiff to bring the petitioner as a legal representative of the deceased defendant No. 2 came to be allowed. 2.

Evidently, the application was preferred within the stipulated period of limitation. There is no dispute about the fact that the petitioner is a legal representative of the deceased defendant No. 2. 3.

Mr. Patil, the learned counsel for the petitioner, submitted that the defendant no. 1 has passed away on 28th October 2023 and his varsha

23-wp-5464-2025.doc legal representatives were not brought on record. Thus, the suit abated. Under the guise of bringing the legal representatives of defendant no. 2, according to learned counsel for the petitioner, the plaintiffs intend to overcome the abatement of the suit, as a whole, as the right to sue did not survive after the death of defendant no. 1, qua the then surviving defendant no. 2.

3.

All these issues can be raised by the petitioner before the Trial Court upon her impleadment as a legal representative of the deceased defendant no. 2.

4.

Keeping open all the contentions, the petition stands disposed. (N.J. JAMADAR, J) varsha