Prakash Ganpati Gaikwad And ORS v. Gopal Tatyaba Gaikwad Dec. Thr. Lrs Ramdas Gopal Gaikwad And ORS. And ORS

75-WP-13385-2018 (C).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13385 OF 2018 Prakash Ganpati Gaikwad And Ors.

...Petitioners

VERSUS

Gopal Tatyaba Gaikwad Decd Thru Lr And Ors

...Respondents

WITH WRIT PETITION NO. 322 OF 2019 WITH INTERIM APPLICATION NO. 353 OF 2026 IN WRIT PETITION NO. 13385 OF 2018 Prakash Ganpati Gaikwad And Ors ...Applicants

IN THE MATTER BETWEEN

Prakash Ganpati Gaikwad And Ors

...Petitioners

VERSUS

Gopal Tatyaba Gaikwad Dec. Thr. Lrs Ramdas Gopal Gaikwad And Ors. And Ors

...Respondents

.....

Adv. Nikhil Wadikar (through V.C.) for Petitioners. Adv. Kalpesh Patil, for Respondent Nos. 1A, 1B, 1D, 1E, 1F, 1G. .....

CORAM : SHAILESH P. BRAHME, J.

DATE : 09th JUNE, 2026.

ZIP

75-WP-13385-2018 (C).doc P.C. :

INTERIM APPLICATION NO. 353 OF 2026 IN WRIT PETITION NO. 13385 OF 2018 By the present Interim Application, the Applicants seek condonation of delay in setting aside the abatement and bringing the legal heirs of deceased Respondent No. 1E on record. 2.

Mr. Patil has instructions to appear on behalf of legal heirs of deceased respondent No.1E.

3.

Since the cause of action survives against the legal heirs of deceased Respondent No.1E, it is desirable to condone the delay and set aside the abatement.

4.

Interim application is allowed in terms of prayer clauses 'a' and 'b'.

5.

Amendment shall be carried out within one week from today. WRIT PETITION NO. 13385 OF 2018 WITH WRIT PETITION NO. 322 OF 2019 6.

Stand over to 25.06.2026 for final disposal.

[ SHAILESH P. BRAHME] ZIP