Pramod Shamrao Patole v. Gomati Wd/O Dorai Swamy

bipin prithiani 7-ia-10763.25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 10763 OF 2025 IN SECOND APPEAL NO. 586 OF 2012 Mr. Shamrao Nanaji Patole (since deceased through LRs) Pramod Shamrao Patole & Ors.

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Applicants

Versus

Mrs. Gomati wd/o Dorai Swamy (since deceased through LRs) Ms. Kashi d/o Dorai Swamy (now deceased) ...

Respondent ****** Ms. Sucheta D. Ghaisas i/by Adv.Indrajeet Kulkarni for Applicants. BIPIN DHARMENDER PRITHIANI Date: 2025.10.14 16:38:05 +0530 BIPIN DHARMENDER PRITHIANI ****** CORAM : MANISH PITALE, J.

DATE : 14th OCTOBER 2025 P.C. :

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By this application, the applicants (original appellants) are seeking permission to substitute the name of Ex-Servicemen Cooperative Housing Society, Ambernath (E), to be brought on record as the representative of the sole deceased respondent. 2.

It is stated in the application that the respondent was senior citizen and she expired. There is delay of 2 years in moving the application. It is further submitted that the applicants could not get hold of the death certificate of the respondent. It is further claimed that the respondent was alone and she is not survived by any legal heir. It is further submitted that the subject plot is located

bipin prithiani 7-ia-10763.25.doc in the aforesaid society and it is in possession of the society. Therefore, it would be appropriate that the society is substituted in place of the original respondent.

3.

This Court is of the opinion that it would not be safe to allow this application unless appropriate public notice is caused to be issued to call upon any person claiming through the respondent to approach this Court, in the light of the statement made in this application that the respondent has expired. It is stated that she expired on 6th August 2022.

4.

In view of the above, the applicants are directed to cause a public notice to be issued in the context of this application. It shall be stated in the said notice that this application shall be taken up for further consideration on 21st November 2025. The public notice shall give the details of the respondent, calling upon any person claiming through the said respondent to approach this Court in the pending proceedings.

5.

Such notice shall be published in one English newspaper viz. Newshub and one Marathi newspaper viz. Janmat, having wide circulation in District Thane.

6.

The applicants shall place on record the proof of such publication of public notice on or before 14th November 2025. 7.

List the application for further consideration on 25th November 2025.

MANISH PITALE, J.