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Bombay High CourtIA/10715/2025allowed

Shri. Kamlakar Hanumant Patil And ORS. v. Smt. Vatsalabai Chandrakant Mhatre And ORS.

2025-08-06Hon'Ble Shri Justice M. M. Sathaye2 pages

12-IA-10715-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 10715 OF 2025 IN First Appeal NO. 1516 OF 2013 Shri. Kamlakar Hanumant Patil And Ors.

...Applicants

Versus

Smt. Vatsalabai Chandrakant Mhatre And Ors.

...Respondents

SNEHA NITIN CHAVAN **** Mr. Dishang Shah i/b P.M. Shah for the Applicants. Mr. Mahendra Mhatre, Respondent No.3 present. **** SNEHA NITIN CHAVAN Date: 2025.08.07 11:39:58 +0530 CORAM :

M.M. SATHAYE, J.

DATE :

6th AUGUST, 2025 P.C. :

1.

At the outset, learned Counsel for the Applicants seeks leave to amend paragraph 1 of the application where parties are not properly mentioned. Leave granted. Amendment to be carried out during the course of the day.

2.

The application is filed seeking deletion of Appellant Nos. 2 and 5. It is stated in the application that Appellant No.5 has died unmarried leaving no legal heirs behind. It is further stated that Appellant No.2 has died and his/her the legal heirs and representatives are already on record. Copies of the death certificates of Appellant Nos. 2 and 5 are produced on record.

3.

Respondent No.3 appears in person and seeks leave to engage an Advocate. He submits that Respondent Nos. 1 and 2 have also Sneha Chavan 1/2

12-IA-10715-2025.doc expired and the Appellant needs to take necessary steps. Statement is noted.

4.

Considering that the deletion of the Appellants is sought for the reason already mentioned above, the application is allowed. The names of Appellant Nos. 2 and 5 are permitted to be deleted from the appeal and pending applications, if any.

5.

The Application is disposed of in above terms. (M.M. SATHAYE, J.) Sneha Chavan 2/2