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Bombay High CourtIA/11913/2025disposed off

Shri.Eknath Shivram Kothavale (Since Deceased) Through His Lrs v. Vitthal Shivgir Gasavi Since Dec Thr Heirs

2025-09-22Hon'Ble Shri Justice M. M. Sathaye2 pages

Digitally signed by ANANT KRISHNA NAIK Date:

2025.09.24 16:30:53 +0530 19.IA.11913.2025.doc ANANT KRISHNA NAIK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 11913 OF 2025 IN WRIT PETITION NO. 6107 OF 1999 Eknath Shivram Kothavale (Deceased) thr. Lrs. & Ors. ...Applicants

IN THE MATTER BETWEEN

Eknath Shivram Kothavale (Deceased) thr. Lrs. & Ors.

...Petitioners

Versus

Vitthal Shivgir Gosavi (Deceased) thr. Lrs. & Ors.

...Respondents

**** Ms. Rukmini Khairnar i/b. Mr. Pramod N. Joshi for the Applicants. Adv. Gauratna Kale i/b. Adv. Sachin Dhakephalker for the Respondent Nos. 1, 2, 3, 5, 7 & 4A & 4B.

****

CORAM

: M. M. SATHAYE, J.

DATED : 22nd SEPTEMBER 2025 P.C.:

1.

Heard learned Counsel for the paries.

2.

This is an Application for bringing legal heirs of the Petitioner No. 1-a (Nanubai Eknath Kothavale) on record. It is stated in the Application that her legal heirs are already on record in the form of Respondent Nos. 1-b-i to 1-g.

3.

No reply is filed. Considering the averments in the Application and the fact that proposed legal heirs are already on record in their personal capacity, delay in filing Application is only technical, which is required to be condoned. Sufficient cause is made out.

akn 1/2

19.IA.11913.2025.doc 4.

Hence, the Application is allowed. Delay is condoned. Applicants are permitted to be show Petitioner Nos. 1-b-i to 1-g as legal heirs of deceased Petitioner No. 1-a.

5.

Amendment to be carried out within a period of four weeks from today. Amended copy be served on other side.

6.

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