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Bombay High CourtCA/2331/2025application allowed

Laxmi Jagdish Jhawar Thr. General Power Of Attorney Atul Jadish Jhawar v. Sunil Dattatray Suttar (Dead) Kaveri Sunil Sutar And Another

2026-03-13Hon'Ble Shri Justice Shailesh P. Brahme1 pages

2026:BHC-AUG:11242 66-CA.2331-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 66 CIVIL APPLICATION NO. 2331 OF 2025 IN CRA/17/2023 LAXMI JAGDISH JHAWAR THR. GENERAL POWER OF ATTORNEY ATUL JADISH JHAWAR

VERSUS

SUNIL DATTATRAY SUTTAR (DEAD) KAVERI SUNIL SUTAR AND ANOTHER ...

Advocate for Applicant : Mr. N. D. Sonwane h/f Mr. Palod Lalitkumar Bansilal.

...

CORAM : SHAILESH P. BRAHME, J.

DATE : 13.03.2026 PER COURT :- 1.

Appellant seeks to condone delay of 693 in setting aside abatement and bringing legal heirs of Sunil Dattatray Sutar on record.

2.

The cause of action survives as against the legal heirs of the deceased. They are necessary parties. The delay is not intentional. It stands condone, abatement is set aside. Leave is granted to bring legal heirs on record of deceased respondent. 3.

Civil application is allowed.

4.

Both parties shall be at liberty to carry out amendment. 5.

The proposed legal heirs are served but none appeared. (SHAILESH P. BRAHME, J.) ...

vmk/-