Ankush Salasaheb Bande Deceased v. Tukaram Shivram Pote Deceased

Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION ST NO. 21883 OF 2017 IN CIVIL APPLICATION NO. 409 OF 2012 WITH INTERIM APPLICATION NO. 10928 OF 2025 INTERIM APPLICATION NO. 10930 OF 2025 INTERIM APPLICATION NO. 10933 OF 2025 INTERIM APPLICATION NO. 10935 OF 2025 INTERIM APPLICATION NO. 10936 OF 2025 INTERIM APPLICATION ST NO. 35753 OF 2024 INTERIM APPLICATION ST NO. 4759 OF 2021 CIVIL APPLICATION ST NO. 12101 OF 2018 CIVIL APPLICATION ST NO. 21888 OF 2017 INTERIM APPLICATION ST NO. 4759 OF 2021 IN SECOND APPEAL NO. 700 OF 1991 WITH SECOND APPEAL NO. 700 OF 1991 Ankush Balasaheb Bande and anr .....Applicants Vs.

Tukaram Shivram Pote and anr .....Respondents WITH CIVIL APPLICATION ST NO. 31854 OF 2017 IN CIVIL APPLICATION ST NO. 21883 OF 2017 IRESH MASHAL Jagdish Shahaji Gaikwad .....Applicant Digitally signed by IRESH MASHAL Date:

2025.08.11 15:37:27 +0530 Vs.

Tukaram Shivram Pote and anr .....Respondents WITH INTERIM APPLICATION NO. 10931 OF 2025 IN 1/5

SECOND APPEAL NO. 700 OF 1991 Ashok Ankush Bande .....Applicants Deceased and anr Vs.

Tukaram Shivram Pote .....Respondents Since Decd. Thr. LRs Mr. Nilesh Mohan Wable for the applicants Mr. Sumit Khaire for respondent nos. 1b(i)(ii)(iii), 1c, 3a to 3d, 4a and 4d, 5a, 6a, 6b and 7.

CORAM : GAURI GODSE, J.

DATE :

8th AUGUST 2025 ORDER:

1.

Not on board. Taken on the production board.

SECOND APPEAL NO. 700 OF 1991:

2.

Time to carry out amendment is extended by three weeks.

CIVIL APPLICATION ST NO. 12101 OF 2018:

3.

This application is for bringing on record name of respondent no. 5a as heirs and legal representative of deceased respondent no. 5. The heirs and legal representative is served and represented through advocate.

4.

In the facts and circumstances of the case, application is allowed in terms of prayer clause (b). Amendment to be carried 2/5

out within three weeks.

INTERIM APPLICATION ST NO. 4759 OF 2021:

5.

This application is for deleting the name of respondent nos. 1(a) and 1(b)(i). Learned counsel for the applicants submits that these respondents have expired and the heirs and legal representatives are already on record in different capacity. The averments with regard to the same are made in paragraph 6 of the application.

6.

For the reasons stated in the application, it is allowed in terms of prayer clause (b) and (c). Amendment to be carried out within three weeks.

INTERIM APPLICATION NO. 10928 OF 2025:

7.

This application is for bringing on record name of respondent no. 6 as heirs and legal representative of deceased respondent no. 5. The heirs and legal representative is served and represented through advocate.

8.

In the facts and circumstances of the case, application is allowed in terms of prayer clause (a), (b) and (c). Amendment to be carried out within three weeks.

INTERIM APPLICATION NO. 10930 OF 2025:

9.

Issue notice to respondent nos. 4c(i) to 4c(iv). Notice is 3/5

made returnable on 9th October 2025.

10.

In addition to Court notice, learned advocate for the appellants shall serve the said respondents by private notice and file affidavit of service before the next date. 11.

Learned advocate for the applicants shall ensure that the copies are supplied and Court notice is served by taking Hamdast.

INTERIM APPLICATION NO. 10935 OF 2025:

12.

Issue notice to respondent no. 10. Notice is made returnable on 9th October 2025.

13.

In addition to Court notice, learned advocate for the appellants shall serve the said respondent by private notice and file affidavit of service before the next date. 14.

Learned advocate for the applicants shall ensure that the copies are supplied and Court notice is served by taking Hamdast.

INTERIM APPLICATION NO. 10936 OF 2025:

15.

Issue notice to respondent nos. 8a to 8d. Notice is made returnable on 9th October 2025.

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16.

In addition to Court notice, learned advocate for the appellants shall serve the said respondents by private notice and file affidavit of service before the next date. 17.

Learned advocate for the applicants shall ensure that the copies are supplied and Court notice is served by taking Hamdast.

18.

Stand over to 9th October 2025.

[GAURI GODSE, J.] 5/5