Damu Punju Sasane (Deceased Thr. Lrs.) v. Shri.Namdeo Punju Sasane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.9735 OF 2025 WITH CIVIL APPLICATION NO.7 OF 2025 by SATISH RAMCHANDRA SANGAR Date:

2025.09.12 19:26:10 +0530 SATISH RAMCHANDRA SANGAR WITH CIVIL APPLICATION NO.8 OF 2025 WITH INTERIM APPLICATION NO.9733 OF 2025 IN SECOND APPEAL NO.622 OF 2020 Damu Punju Sasane (Since deceased through LRs) Smt.Ashabai Damu Sasane and Ors.

...Applicants In the matter between:- Damu Punju Sasane (Since deceased through LRs) Smt.Ashabai Damu Sasane and Ors.

...Appellants V/s.

Namdeo Punju Sasane and Ors.

...Respondents

***** Ms.Neha R. Parte i/b. Mr.Suresh M.Sabrad:- Advocate for Applicants/ Appellants.

Mr.Dilip B. Shinde a/w Mr.Mohan Kumbhar and Mr.Vinay A. Chavan:- Advocates for Respondents.

*****

CORAM

:

S. M. MODAK, J.

DATE :

9th SEPTEMBER 2025 P. C. :- INTERIM APPLICATION NO.9735 OF 2025 AND 1/3

CIVIL APPLICATION NO.7 OF 2025 AND INTERIM APPLICATION NO.9733 OF 2025 1.

Heard learned Advocate for the surviving Appellants and learned Advocate for the deceased Respondent No.1 who is contesting Respondent.

2.

By these 3 Applications, the Appellants want the Legal Representatives of the deceased Appellant No.1C-Mahendra, deceased Appellant No.1D-Balu and the deceased Respondent No.1-Namdeo to bring on record. Their respective date of deaths are as follows:- (a) Mahendra died on 27th May 2015 (b) Balu - Appellant No.1D died on 24th August 2022 and (c) Respondent No.1 - Namdev died on 30th July 2023. The copies of respective death certificates are annexed to the Application. In fact, Namdev's Advocate informed about the death of Namdev. There is a delay in filing this Application. 3.

There are sufficient reasons for condoning the delay. The Legal Representatives need to be brought on record for prosecuting the Appeal. In view of that, following order is passed:-

O R D E R

(i) The Applications are allowed in terms of prayer clause (b) and prayer clause (c) of the Applications.

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(ii) Amendment to be carried out within two (2) weeks. (iii) Learned Advocate for the deceased-Respondent No.1 waives notice on behalf of his LRs. Copy of the memo of Appeal be supplied to him. He is at liberty to file Vakalatnama earlier to the next date.

4.

Stand over to 10th October 2025.

[S. M. MODAK, J.] 3/3