Kisan Shripati Pawar Since Deceased Thr. Lrs. And ORS. v. Shankar Bhausaheb Shirke (Since Deceased Through Legal Representatives)

86 IA-6932-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 6932 OF 2025 IN FIRST APPEAL NO. 1084 OF 1997 Kisan Shripati Pawar (since deceased, through LRs) and Others ...Appellants/Applicants

Versus

Shankar Bhausaheb Shirke (deceased)

...Respondent

------ Mr. Bhushan U. Deshmukh for Appellant.

Ms. Shraddha Pawar i/b Mr. Dilip Bodake for Respondent. ------ Coram : Sharmila U. Deshmukh, J.

Date : 7th May, 2025.

P. C. :

1.

Interim Application has been preferred under Order XXII, Rule 4A(1) of Civil Procedure Code, 1908 seeking appointment of the Administrator-General or Officer of the Court to represent the estate of the deceased-Respondent for the purpose of adjudicating the First Appeal.

2.

On the last occasion, submission was made that the sole Respondent has expired without the death certificate of sole Respondent being produced. In view of the submission made by learned counsel for Respondent, the Applicant was directed to take appropriate steps.

Sairaj 1 of

86 IA-6932-2025.doc 3.

As of today, there is no material before this Court to hold that the sole Respondent has expired or that there are no legal heirs or no legal representative of sole Respondent. In such event, it could be appropriate to issue notice to Respondent and await the service report of the Bailiff who would notify in event, the sole Respondent has expired.

4.

Issue notice to the Respondents returnable on 30th July, 2025. [Sharmila U. Deshmukh, J.] Sairaj 2 of