Bombay High Court

GODAWARIBAI DEVIDASRAO PATILversusMADHAVI MALIKARJUN ADE DIED THROUGH LRS

Disposal: APPLICATION ALLOWED

Holding

The Court ordered the tagging of appeal No. 625 of 2021, allowed the civil application with the specified amendments, directed issuance of notice to respondent No. 7, and granted leave to file further applications for deceased respondents.

Summary

The Court dealt with several procedural matters arising from a group of second appeals. It ordered that second appeal No. 625 of 2021, which was not previously linked, be tagged with the present matters. The Court allowed civil application No. 3358 of 2024, filed to bring the legal representatives of a deceased respondent on record and to correct the name of another respondent, and directed that the necessary amendment be made within two weeks. It directed that a notice be issued to respondent No. 7 at the corrected address, returnable on 12‑10‑2026. The Court also granted leave to counsel Mr. Gunale to file applications for bringing the legal representatives of other deceased respondents on record. All orders were made on the date of the hearing.

Issues considered

Whether second appeal No. 625 of 2021 should be tagged with the present group of matters.
Whether civil application No. 3358 of 2024 for bringing legal representatives of deceased respondents and correcting a party’s name should be allowed.
Whether a notice should be issued to respondent No. 7 at the corrected address.

Subjects

procedural law
tagging of appeals
amendment of parties
legal representatives
notice issuance

Judgment

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       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

              1002 SECOND APPEAL NO. 80 OF 2023

                   Godawaribai Devidasrao Patil
                              VERSUS
            Madhavi Mallikarjun Ade (died) Through Lrs.
                                 ...
Advocate for Appellant : Mr. P.R. Katneshwarkar i/b Mr. A.V. Indrale
Patil
Advocate for Respondent No.1/5 : Mr. Rahul R. Deshmukh
Advocate for Respondent No.5/1 to 5/3: Mr. Satish P. Dhoble
                                …..
                               WITH
               SECOND APPEAL NO. 121 OF 2014
                               WITH
                SECOND APPEAL NO. 7 OF 2015
                               WITH
              CIVIL APPLICATION NO. 3358 OF 2024
                           IN SA/80/2023
                               WITH
               SECOND APPEAL NO. 120 OF 2014
                                 …..

                    CORAM : SANJAY A. DESHMUKH, J.
                    DATED : 11th SEPTEMBER, 2026

PER COURT :-


1.       It is submitted that one of the second appeal i.e. second

appeal No. 625 of 2021, which is connected with this group of

matters, is not tagged with these matters. In view of the same,

second appeal No. 625 of 2021 be tagged with these matters.



2.       In so far as the civil application No.3358 of 2024 is

concerned, the same is filed for bringing the legal representatives of
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respondent No.6 on record and to correct the name of respondent

No.7. For the reasons stated in the application, the same is allowed

in terms of prayer clauses “B” and “C” and disposed of. Amendment

to be carried out within two weeks.



3.       Issue notice to respondent No.7 as per correct name and

address, returnable on 12.10.2026.



4.       Mr. Gunale, learned advocate submits that some of the

respondents died. He therefore, seeks leave to file application/s for

bringing the legal representatives of those respondents on record.

Leave granted. He may file such application/s till the next date.



                                   (SANJAY A. DESHMUKH, J.)

rlj/

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