Bombay High Court

NARAYAN KASHINATH FARTADE AND ANOTHERversusHAMMATRAO MANOHARRAO BAVALE AND OTHERS

Disposal: DISPOSED OFF

Holding

The court allowed the deletion of appellant No.1's name from the proceedings.

Summary

In a second appeal before the Bombay High Court, the appellant sought to delete the name of appellant No.1, who had died. The advocate argued that the deceased's daughters had sold half of their share in the disputed property to a third party, and that the sale should be held in suspense pending the court's decision under the principle of lis‑pendens. The court considered the procedural request to remove the deceased party's name from the pleadings. It granted permission to delete the name of appellant No.1. The matter was adjourned to 8 September 2026 for further hearing on the substantive issues.

Issues considered

Whether the name of a deceased party may be deleted from the pleadings in a pending appeal
Whether the sale of the deceased's share by his daughters is stayed pending the court's decision under lis‑pendens

Subjects

lis pendens
deceased party
deletion of party name
civil appeal
property share
court order

Judgment

                                                                  sa126.03
                                   -1-

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

               968 SECOND APPEAL NO. 126 OF 2003
                              WITH
               CIVIL APPLICATION NO. 7122 OF 2026

              Narayan Kashinath Fartade And Another
                              VERSUS
            Hammatrao Manoharrao Bavale And Others
                                 ...
Advocate for Applicant : Mrs. M A Kulkarni
                                 …..
                                WITH
           CIVIL APPLICATION NO. 9383 OF 2017WITH
           CIVIL APPLICATION NO. 3854 OF 2015WITH
           CIVIL APPLICATION NO. 4829 OF 2021WITH
           CIVIL APPLICATION NO. 1314 OF 2003WITH
              CIVIL APPLICATION NO. 1315 OF 2003
                                 …..

                      CORAM : SANJAY A. DESHMUKH, J.
                      DATED : 25th AUGUST, 2026

PER COURT :-


          Learned advocate for the appellants submitted that the

appellant No.1 is no more. She therefore, seeks leave to delete the

name of appellant No.1. Permission to delete the name of appellant

No.1 is granted.    She submitted that daughters of appellant No.1

have sold half of the share in that property to a third person and their

right will be subject to the decision of this Court as per the principle of

lis-pendens. Stand over to 08.09.2026 at 2.30 p.m. first on board.



                                    (SANJAY A. DESHMUKH, J.)

rlj/

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