Eknath Shivram Kothavale Since Dec Thr Legal Heirs And ORS v. Vitthal Shivgir Gosavi Since Dec Thr Heirs

19.IA.11914.2025.doc Digitally signed by ANANT KRISHNA NAIK Date:

2025.09.24 16:31:56 +0530 ANANT KRISHNA NAIK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 11914 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 Khairna 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 parties.

2.

At the outset learned Counsel for the Applicants seeks leave to amend the prayer clause to correct the numbers of the proposed legal heirs. Leave is granted. Amendment to be carried during the course of day 3.

This is an Application for bringing legal heirs of the Petitioner No. 1-biv (Ganesh Vasant Kothavale) who has expired during the pendency of the Petition. Death certificate is produced, showing the date of death as 30/03/2025. The Application is filed in August 2025. As such there is delay of 122 days in filing the Application.

4.

No reply is filed. Considering the averments in the Application, akn 1/2

19.IA.11914.2025.doc especially para 4 thereof, sufficient cause is made out. 5.

The Application is allowed. Delay is condoned. Applicants are permitted to bring legal heirs of the deceased Petitioner No. 1-b-iv on record. Amendment to be carried out within a period of two weeks from today. Amended copy be served on other side.

6.

Application disposed of in above terms.

(M. M. SATHAYE, J.) akn 2/2