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Bombay High CourtCAW/194/2026allowed

Nilesh S/O. Icchulal Damahe And Another v. Icchulal S/O Chandan Damahe And Others

2026-02-18Hon'Ble Shri Justice M. W. Chandwani2 pages

2026:BHC-NAG:2821 1 1 caw194.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION[CAW] NO. 194 OF 2026 IN WRIT PETITION NO. 5847 OF 2023 NILESH S/o ICCHULAL DAMAHE AND ANOTHER

VERSUS

ICCHULAL CHANDAN DAMAHE AND OTHERS ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. Rohan Bhishikar, Advocate for the petitioners. Mr. D. T. Shinde, Advocate for respondent no.3 CORAM : M. W. CHANDWANI, J.

DATE : FEBRUARY 18, 2026.

1.

Pursuant to the notice issued vide order 28.01.2026 to the proposed legal heir/s of deceased respondent no.1, learned counsel for the petitioners has filed an affidavit of service showing that the legal heir of deceased respondent no.1 has been served.

2.

Nobody appears on behalf of the proposed legal heir.

3.

Since, the right to proceed against the legal heir of deceased respondent no.1 survives, permission to bring the legal heir of deceased respondent no.1 on record is granted.

4.

Necessary amendment be carried out within one week from today.

5.

After the amendment is carried out, issue notice to the newly added respondent, returnable within three weeks thereafter.

2 1 caw194.26.odt 6.

The application is allowed and disposed of.

7.

List this matter on 23.03.2026.

( M.W.Chandwani, J. ) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 18/02/2026 17:41:10