Bombay High Court
SOPAN BHAGWAT JADHAVAR AND ANRversusBHIVA CHANGDEV JADHAVAR AND ORS
- Disposal
- Allowed
Holding
All interim applications seeking to record the legal heirs were allowed, and the civil application for expedited hearing was disposed.
Summary
The Court considered a series of interim and civil applications filed in a second appeal concerning the Jadhavar family dispute. The applications sought to bring on record the legal heirs of several deceased respondents and to confirm that they had been duly served, despite delays caused by the pandemic. The petitioners argued that the service reports demonstrated proper notice, while the respondents raised concerns about the timing of the filings. After reviewing the service reports and hearing counsel, the Court found that the applications were substantively justified and ordered them to be allowed, directing amendments within two weeks. Additionally, the Court disposed of a civil application requesting an expedited final hearing of the second appeal, directing that the appeal be scheduled as per the roster.
Issues considered
- Whether interim applications to record legal heirs of deceased parties may be allowed despite delay in filing
- Whether service of notice on the legal heirs was properly effected
- Whether the civil application for expeditious hearing of the second appeal should be entertained
Subjects
- legal heirs
- service of process
- interim application
- second appeal
- procedural delay
- pandemic
Judgment
7-IA(ST)-92203-2020 (C).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION (STAMP) NO. 92203 OF 2020
IN
REVIEW PETN. NO. 32763 OF 2017
Arjun Chandev Jadhavar And Ors ...Applicants
VERSUS
Shri. Sopan Bhagwat Jadhvar And Ors ...Respondents
WITH
CIVIL APPLICATION NO. 23 OF 2023
IN
SECOND APPEAL NO. 133 OF 2014
Sopan Bhagwat Jadhavar And Another ...Applicants
VERSUS
Bhiva Changdev Jadhavar And Others ...Respondents
WITH
CIVIL APPLICATION NO. 24 OF 2023
IN
SECOND APPEAL NO. 133 OF 2014
Sopan Bhagwat Jadhavar And Another ...Applicants
VERSUS
Bhiva Changdev Jadhavar And Others ...Respondents
WITH
CIVIL APPLICATION NO. 26 OF 2023
IN
SECOND APPEAL NO. 133 OF 2014
Sopan Bhagwat Jadhavar And Another ...Applicants
VERSUS
Bhiva Changdev Jadhavar And Others ...Respondents
WITH
SECOND APPEAL NO. 133 OF 2014
Sopan Bhagwat Jadhavar And Another ...Appellants
VERSUS
Bhiva Changdev Jadhavar And Others ...Respondents
WITH
INTERIM APPLICATION NO. 2378 OF 2023
Rushi 1 of 4
7-IA(ST)-92203-2020 (C).docx
IN
SECOND APPEAL NO. 133 OF 2014
Sopan Bhagwat Jadhavar And Anr ...Applicants
VERSUS
Bhiva Changdev Jadhavar And Ors ...Respondents
___________
Mr. Balaji Shinde i/b. Ashok B. Tajane, Advocate for Applicant in
IAST/9203/2020 & for respondent nos. 2 to 7 in IA/2378/2023
CAS/2623/ CAS/23/23, CAS/24/203.
Mr. Sandip Patade (Through VC), Advocate appellant/applicant in
SA & Other applications & Respondent in IAST/92203/2020.
___________
CORAM : RAJESH S. PATIL, J.
DATE : 28 AUGUST 2026
P. C. :
INTERIM APPLICATION (STAMP) NO. 92203 OF 2020
1. This application has been filed to bring on record legal heirs
of original petitioner No. 2.
2. Heard counsel for both the sides. The deceased died during
the pandemic. There is some delay in filing the interim application.
3. After having heard the counsel for both the sides, I am
convinced this interim application needs to be allowed.
4. Interim application stands allowed in terms of prayer clauses
(a) and (b).
5. Amendment to be carried within a period of two weeks from
today.
Rushi 2 of 4
7-IA(ST)-92203-2020 (C).docx
CIVIL APPLICATION NO. 23 OF 2023
6. The bailiff remark has not been placed before this Court about
service being effected on the proposed legal heirs of deceased
respondent No. 8.
7. Registry to place the bailiff's report on record.
8. Stand over to 24 September 2026.
CIVIL APPLICATION NO. 26 OF 2023
9. This application has been filed to bring on record the legal
heirs of deceased respondent No. 6. There is some delay in filing this
application.
10. The service report shows that the legal heirs of deceased
respondent No. 6 have been duly served.
11. Heard counsel for the parties and I have gone through the
contents of the civil application. I am convinced a case is made out
to allow this civil application.
12. Civil application stands allowed in terms of prayer clause (a),
(b), and (c).
13. Amendment to be carried within a period of two weeks from
today.
INTERIM APPLICATION NO. 2378 OF 2023
Rushi 3 of 4
7-IA(ST)-92203-2020 (C).docx
14. This interim application has been filed to bring on record the
legal heirs of deceased respondent No. 3. There is some delay in
filing the application.
15. Office remark shows that the legal heirs of deceased
respondent No. 3 have been duly served. None appears for the legal
heirs of deceased respondent No. 3.
16. I have heard counsel appearing for the appellant and gone
through the contents of the interim application. I am convinced the
application needs to be allowed.
17. Interim application stands allowed in terms of prayer clauses
(a), (b), and (c).
18. Amendment to be carried within a period of two weeks from
today.
CIVIL APPLICATION NO. 24 OF 2023
19. This civil application has been filed seeking expeditious
hearing of the second appeal.
20. The second appeal was admitted on 18 of June, 2014.
21. Let this second appeal come up for final hearing as per roster.
22. Civil application stands disposed of.
[RAJESH S. PATIL, J.]
Rushi 4 of 4
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