Bombay High Court
SUDHIR SITARAM KEMSE AND ORSversusKESHAV MARUTI SALUNKHE AND ORS
- Decided
- Disposal
- Disposed Off
Holding
Notice must be issued to the legal representatives of the deceased respondent, and the applicants may serve them privately and file an affidavit of service.
Summary
The applicants filed an interim application in a writ petition after respondent No.4 died before the petition was instituted. The court noted the death and directed that notice be issued to the proposed legal representatives of the deceased respondent, designated as respondents 4(a) to 4(c). The notice is to be returnable on 19 October 2026. Additionally, the court permitted the applicants to serve the legal representatives by private service and to file an affidavit of service. No substantive merits of the writ were addressed; the order dealt solely with procedural service of notice. The application was therefore disposed with directions for service.
Issues considered
- Whether notice must be issued to the legal representatives of a deceased respondent in an interim application
- Whether the applicants may serve the legal representatives by private service and file an affidavit of service
Subjects
- service of notice
- legal representatives
- deceased respondent
- interim application
- civil procedure
Judgment
6-IA12675-2025.DOC
Santosh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 12675 OF 2025
IN
WRIT PETITION NO. 697 OF 2025
Sudhir Sitaram Kemse and Ors. ...Applicants
Versus
Keshav Maruti Salunkhe and Ors. …Respondents
SANTOSH
SUBHASH Mr. Indrajeet Jagdale,i/b Mr. Abhishek R. Avachat, for the
KULKARNI
Digitally signed by
Applicants.
SANTOSH SUBHASH
KULKARNI
Date: 2026.09.22
Mr. Abhijit P. Kulkarni, for Respondent Nos.1 to 3.
11:29:55 +0530
Ms. Aloka Nadkarni, AGP for the State.
CORAM: N. J. JAMADAR, J.
DATED: 21st SEPTEMBER, 2026
PC:-
1. Heard the learned Counsel for the applicants.
2. It appears that respondent No.4 has passed away before
the petition came to be instituted.
3. Issue notice to respondent Nos. 4(a) to 4(c) to the
application – the proposed legal representatives of respondent
No.4, returnable on 19th October, 2026.
4. In addition to notice through Court, the applicants are at
liberty to serve the proposed legal representatives of respondent
No.4 by private service and file an affidavit of service.
[N. J. JAMADAR, J.]
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