Bombay High Court
CAW/1019/2003 of BABURAO RAMCHANDRA CHOTAVE AND ANR. Vs RAMCHANDRA APPARAO KARALE AND ANR. on 20 September 2003
HIGHHIGH COURTCOURT OFOF JUDICATUREJUDICATURE ATAT BOMBAYBOMBAY CIVIL APPELLATECIVIL APPELLATE JURISDICTION JURISDICTION INTERIM APPLICATION (ST) NO. 2854 OF 2023 (For bringing the Legal Heirs of deceased Respondent No.1C) IN WRIT PETITION NO. 5165 OF 1995 Baburao R. Chothave (Died on
IN THE HIGH COURT OF JUDICATURE AT BOMBAYCIVIL APPELLATE JURISDICTION
INTERIM APPLICATION (ST) NO. 2854 OF 2023(For bringing the Legal Heirs of deceased Respondent No.1C)
IN
WRIT PETITION NO. 5165 OF 1995
Baburao R. Chothave (Died on 18.01.2016)Through his LRs,Laxmibai Shivshankar Chothave and Ors.
VersusRamchandra A. KaraleSince deceased through his L.R’sGourishankar Ramchandra Karale and Anr.
.. Applicants.
.. Respondents
WITH
INTERIM APPLICATION (ST) NO. 2792 OF 2023(For Restoration of CA.No.1019 of 2003)INCIVIL APPLICATION NO. 1019 OF 2003IN
WRIT PETITION NO. 5165 OF 1995
Baburao R. Chothave (Died on 18.01.2016)Through his LRs,Laxmibai Shivshankar Chothave and Ors.
Versus
Ramchandra A. KaraleSince deceased through his L.R’sGourishankar Ramchandra Karale and Anr.
.. Applicants.
.. Respondents
CIVIL APPLICATION NO. 1019 OF 2003IN
WRIT PETITION NO. 5165 OF 1995
WITHWRIT PETITION NO. 5165 OF 1995
Baburao R. Chothave (Died on 18.01.2016)Through his LRs,Laxmibai Shivshankar Chothave and Ors.
.. Applicants.
Versus
Ramchandra A. KaraleSince deceased through his L.R’sGourishankar Ramchandra Karale and Anr ... Respondents
....................
Mr. Shrishail Sakhare, Advocate for Applicants.
Ms. Rukmini Khairnar i/by Mr. P.N. Joshi, Advocate forRespondents. Respondents.
...................
CORAM:MILIND N. JADHAV, J.DATE:FEBRUARY 03, 2023.
P.C.:
INTERIM APPLICATION (ST) NO. 2854 OF 2023
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1. Heard Mr. Sakhare, learned Advocate for Applicants.
2. This Interim Application (St.) No.2854 of 2023 has beenfiled for bringing the legal heirs of deceased Respondent No.1C –Babasaheb Ramchandra Karale on record. Respondent No.1C hasexpired on 21.12.2019.
3. Perused the Interim Application. The names of the legalheirs are given in paragraph No.2 of the Interim Application.
4. For the reasons mentioned in the Interim Application, thedelay of 1 year and 9 months stand condoned.
5. Amendment to be carried out within a period of two weeksfrom today. Re-verification stands dispensed with. Copy of theamended Petition be served on the Respondents on or before theadjourned date.
6. Interim Application is allowed in terms of prayer clauses ‘b’, ‘c’ and ‘d’.
7. Interim Application (St.) No.2854 of 2023 is disposed.
INTERIM APPLICATION (ST) NO. 2792 OF 2023
1. Heard Mr. Sakhare, learned Advocate for Applicants.
2. This Interim Application (St.) No.2792 of 2023 has beenfiled for seeking restoration of Civil Application No.1019 of 2003which was dismissed by virtue a conditional order passed by this Courton 20.09.2003.
3. Civil Application No.1019 of 2003 was filed by the original Petitioners for bringing the legal heirs of deceased Respondent No.2on record. Original Respondent No.2 – Bhimashankar Bhogade hasexpired on 05.01.1996 during the pendency of the present WritPetition. The present Writ Petition is admitted and listed for finalhearing on final hearing board.
4. Mr. Sakhare, learned Advocate for the Applicants wouldsubmit that he was newly engaged to represent the Applicants /Petitioners.
5. For the reasons mentioned in the Interim Application,Interim Application stands allowed.
6. Interim Application (St.) No.2792 of 2023 stands allowed interms of prayer clauses ‘a’ and ‘b’.
7. In view of allowing Interim Application (St.) No.2792 of2023, Civil Application No.1019 of 2003 stands restored to the recordand file of this Court.
CIVIL APPLICATION NO. 1019 OF 2003
1. Civil Application No.1019 of 2003 is taken up for hearingand disposal.
2. Mr. Sakhare would submit that in the meanwhile Smt.Sugalabai Bhimashankar Bhogade who was required to be brought onrecord as Respondent No.2A has also expired and her only legal heir isher surviving son i.e. Respondent No.2B – Kailas BhimashankarBhogade.
3. In view of the same, he would submit that, if CivilApplication No.1019 of 2003 is allowed, Applicants / Petitioners bepermitted to delete the name of Smt. Sugalabai BhimashankarBhogade and implead Mr. Kailas Bhimashankar Bhogade asRespondent No.2A.
4. For the reasons mentioned in the Civil Application, CivilApplication No.1019 of 2003 stands allowed in terms of prayer clauses‘b’ and ‘c’.
5. Necessary amendment to be carried out within a period oftwo weeks from today. Re-verification stands dispensed with. Copy ofthe amended Petition be served on the other side.
6. In view of the above orders passed in the Interim Applications and Civil Application, issue notice to the newly addedRespondents. Humdast permitted. In addition to service of noticethrough Court, Applicants / Petitioners shall serve a copy of thePetition on the Respondents and inform them about the next date ofhearing by any permissible mode of service and file affidavit of servicewith tangible proof thereof before the returnable date.
7. Ms. Khairnar, learned Advocate for Respondent No.1A and1B stated that she would take instructions to appear for the newlyadded Respondents.
8. List the Writ Petition on final hearing board on 23[rd]February, 2023.
[ MILIND N. JADHAV, J. ]
Digitally signed byAJAYAJAY TRAMBAKTRAMBAKUGALMUGALEUGALMUGALEDate: 2023.02.0616:26:09 +0530