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Bombay High Court

SOU. SARSWATI GIRIDHAR LOLGE AND ORSversusTHE DIVISIONAL (CONTROLLER) OFFICER AND ORS.

Decided
Disposal
Disposed Off

Holding

The court allowed the interim applications and ordered the amendment to be carried out within two weeks.

Summary

The appellants, Giridhar Gundopant Lolge and others, filed a first appeal and interim applications against the Divisional (Controller) Officer. Both primary appellants had died, with death certificates annexed to the record. No counsel appeared on behalf of the respondents. The court, after hearing the applicant’s counsel, allowed the interim applications and directed that the necessary amendment be effected within two weeks. The matter was adjourned to 22 October 2026 for further proceedings.

Issues considered

  • Whether the interim applications filed by the deceased appellants' representatives should be allowed

Subjects

  • interim application
  • amendment of pleadings
  • death of parties
  • civil procedure

Judgment

                                                                                              19-FA-2109-06.doc




                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION

                                                FIRST APPEAL NO.2109 OF 2006
                                                            WITH
                                             INTERIM APPLICATION NO.6971 OF 2026
                                                             IN
                                                FIRST APPEAL NO.2109 OF 2006

                                Giridhar Gundopant Lolge And Ors.             ..Appellants/Applicants

                                         Vs.

                                The Divisional (Controller) Officer
                                And Ors.                                      ...Respondents

                                                            WITH
                                             INTERIM APPLICATION NO.6972 OF 2026
                                                             IN
                                                FIRST APPEAL NO.2109 OF 2006

                                Sou. Sarswati Giridhar Lolge and Ors.         ...Appellants

                                         Vs.

                                The Divisional (Controller) Officer
                                And Ors.                                      ...Respondents

                                                               *****
                                      Ms. Shraddha Pawar a/w. Advocate for the Appellants
RAJESHWARI
             Digitally signed
             by
             RAJESHWARI
             SUBODH
                                      Mr. Shreeniwas Magar i/b
SUBODH       KARVE
KARVE        Date:
             2026.09.30
             11:51:19 +0530
                                      Mr. Dilip Bodake
                                      None                       for the Respondents


                                                                *****

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                                                             19-FA-2109-06.doc




                   CORAM :          S. M. MODAK, J.

                   DATE     :       28th SEPTEMBER 2026


P. C. :-

1.     Heard learned advocate for the Applicants.

2.     Appellant No.1-Giridhar Gundopant Lolge expired on 31

August 2026. Copy of the         death certificate is annexed whereas

Appellant No.2-Saraswati Giridhar Lolge expired on 17 August 2007.

Copy of the death certificate is annexed.

3.     No one is present on behalf of the Respondents.

4.     For the reasons stated in the applications, the applications are

allowed and disposed of. Amendment to be carried out within two

weeks.

5.     Copy of this order be served on learned counsel for the

Respondents.


       FIRST APPEAL NO.2109 OF 2006

6.     Stand over to 22 October 2026.




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      [S. M. MODAK, J.]




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