Prabhakar Damodharrao Thute v. Waman Tanbaji Pusdekar And Others

13.sa.448.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.416 OF 2026 IN SECOND APPEAL NO.448 OF 2023 Prabhakar Damodharrao Thute .Vs. Waman S/o Tanbaji Pusdekar and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. P.R. Karekar, Advocate for appellant.

CORAM : ROHIT W. JOSHI, J.

DATE : 30/03/2026 1.

This is an application seeking permission to bring legal representatives of deceased respondent No.1 on record. Affidavit in support of the application is sworn on 27.11.2024. However, the application is filed on 27.03.2026. The learned Advocate for the appellant has tendered a Pursis dated 26.03.2026 stating that the application was filed through e-filing portal on 27.11.2024, however, it could not be found and accordingly, the same came to be rejected with an endorsement, "not searchable". Along with the said pursis, the learned advocate has placed on record, document showing the status of the application as 'rejected' on the as, "not searchable".

2.

In view of the aforesaid, application for bringing legal representatives of deceased respondent No.1 on record is allowed.

3.

Issue notice to the proposed legal representatives of deceased respondent No.1, returnable on 08.05.2026.

13.sa.448.2023.odt 4.

The appellant is directed to serve the legal representatives of deceased respondent No.1 by speed post in addition to regular mode of service and file affidavit of service before the returnable date. Notice need not be issued to legal representatives No.1-Smt. Kamal Wd/o Waman Pusdekar since she is already on record as respondent No.3(A).

(ROHIT W. JOSHI, J.) C.L. Dhakate