Bombay High Court

GANPATRAO YASHWANTRAO DESHMUKH DIED THR LRS 1A SAHEBRAO DIED THR LRS 1B SINDHUBAI DIED AND ORSversusPURUSHOTTAM SHRINIWAS JOSHI DIED THROUGH LRS 1/1 BHARATBAI DIED 1/2 PADMAKAR AND OTHERS

Disposal: DISPOSED OFF

Holding

The legal representatives may be brought on record upon filing a vakalatnama within the prescribed time.

Summary

The court considered a civil application (No. 11628 of 2026) filed to allow the legal representatives of a deceased appellant (No.1(a)) to be placed on the record in a long‑pending second appeal (No. 529 of 1992). The application sought permission for the appellants' counsel to file a vakalatnama on behalf of the representatives. The judge examined the application, found the request justified, and ordered that the legal representatives be admitted, subject to filing the vakalatnama within one week. The court also directed that failure to amend within the stipulated period would attract a cost of Rs. 4,000 payable to the Advocates Chambers Allottees Maintenance Co‑operative Society. Additionally, the court scheduled the pending second appeal for 16 October 2026 and warned of heavy costs for any party seeking further adjournment. The civil application was consequently disposed.

Issues considered

Whether the legal representatives of a deceased appellant may be brought on record in the pending appeal

Subjects

legal representatives
vakalatnama
civil application
adjournment
costs

Judgment

                                        1                                 907.odt


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     BENCH AT AURANGABAD.
                  907 SECOND APPEAL NO. 529 OF 1992

       GANPATRAO YASHWANTRAO DESHMUKH ANDOTHERS.
                                  VERSUS
                  PURUSHOTTAM SHRINIWAS JOSHI.
                                     ...
Advocate for Appellants : Mrs S. S. Choudhary.
Advocate for Respondent No. 1-1-a : Mr. Anand D. Kawre.
                                     ...

                                 WITH
                  CIVIL APPLICATION NO. 5604 OF 1998
                             IN SA/529/1992
                                 WITH
                  CIVIL APPLICATION NO. 2728 OF 2007
                             IN SA/529/1992
                                 WITH
                  CIVIL APPLICATION NO. 4577 OF 1992
                             IN SA/529/1992
                                 WITH
                  CIVIL APPLICATION NO. 11628 OF 2026
                             IN SA/529/1992
                                 WITH
                   CIVIL APPLICATION NO. 994 OF 1995
                             IN SA/529/1992
                                   ...


                                 CORAM : SANJAY A. DESHMUKH, J.
                                 DATE       :   06th October, 2026.

P.C.:

CIVIL APPLICATION NO. 11628 OF 2026

1       This application is filed for bringing the legal representatives of
deceased applicant / appellant No.1(a) on record.


2       Heard the learned Advocates for the parties.          Perused the
application.
                                             2                                  907.odt


      3     For the reasons stated in the application, the application is
      allowed in terms of prayer clause (B). Permission is granted to bring
      the legal representatives of applicant / appellant No.1(a) on record with
      directions to the learned counsel for the appellants to file Vakalatnama
      on behalf of the legal representatives.      Necessary amendment be
      carried out within a period of one week from today. Civil Application
      No. 11628 of 2026 stands disposed of.


      4     It is made clear that if the amendment is not carried out within
      the stipulated period, then the appellants will require to deposit costs of
      Rs.4000/- with the Advocates Chambers Allottees Maintenance Co-
      operative Society, High Court Premises, Aurangabad.


      SECOND APPEAL NO. 529 OF 1992

      5     This appeal has completed 34 years and it has to be argued at
      any costs on the next date.


      6     List the second appeal on 16th October, 2026, first in 10:30 am
      category.


      7     It is clarified that if the appeal is not argued and any Advocate
      seeks an adjournment on the next date, this Court would impose
      heavy costs on the party seeking such adjournment.




                                             [ SANJAY A. DESHMUKH, J. ]
nga

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