Bombay High Court
Vithoba Kushaba Padale (Decd.) By Heirs ... vs Kisan Kushaba Padale(Deceased) Thr. ... on 29 September, 2025
2025:BHC-AS:41455
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Digitally signed
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
by KANCHAN
KANCHAN VINOD
MAYEKAR
VINOD
MAYEKAR
Date:
2025.09.30
14:03:23
CIVIL APPELLATE JURISDICTION
+0530
CIVIL APPLICATION NO. 1748 OF 2008
ALONGWITH
CIVIL APPLICATION NO. 1670 OF 2019
ALONGWITH
CIVIL APPLICATION NO. 1667 OF 2019
ALONGWITH
CIVIL APPLICATION NO. 1668 OF 2019
IN
SECOND APPEAL NO. 618 OF 2000
Vithoba Kushaba Padale (Deceased)
by heirs
Sonubai Pandharinath Nimhan & Ors. ..... Applicants
VERSUS
Kisan Kushaba Padale (Deceased)
thr. His legal representatives
Draupadabai Kisan Padale & Ors. ..... Respondents
Ms. Gunjan Shah i/b. Mr. P.B.Shah for the Applicants.
Mr. Yatin Malvankar for the Respondent Nos. 4, 5, 7a and 9.
CORAM : RAJESH S. PATIL, J.
DATE : 29 SEPTEMBER, 2025
P.C. :-
CIVIL APPLICATION NO. 1748 OF 2008
1) This civil application has been filed by the appellant in
order to produce additional documents on record.
2) Heard learned advocates for both the sides.
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3) Let this civil application be heard alongwith Second
Appeal.
CIVIL APPLICATION NO. 1670 OF 2019
4) This civil application is filed to bring on record the legal
heirs of the deceased respondent no. 13A.
5) Office remark shows that the proposed legal heirs of the
deceased respondent no.13A have refused to accept the service.
6) None appears for the proposed legal heirs of the deceased
respondent no.13A when the matter is called out.
7) I have heard Ms.Shah learned advocate for the applicants
and Mr.Malvankar for the respondent nos. 4, 5, 7a and 9. I have also
gone through the contents of the civil application.
8) The Division Bench of this Court in Keshao s/o. Kawadu
Maral and another Versus State of Maharashtra and others , reported
in 2005 (1) MahLJ 1059, condoned the delay of six years in filing the
Application of bringing the legals heirs on record, relying on the
Supreme Court judgment of Sardar Amarjit Singh Karla (dead) by
LRS. and others Versus Pramod Gupta (Smt.) (dead) by LRS. and
others, reported in 2003 (3) SCC 272.
9) Taking into consideration the above judgments and for
the reasons stated in the application, I am satisfied that the grounds
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17 - CAS 1748 OF 2008.doc
are made out to allow this civil application.
10) Civil Application is allowed in terms of prayer clauses (a)
and (b).
11) Amendment to be carried out within a period of three
weeks from today.
CIVIL APPLICATION NO. 1667 OF 2019
12) This civil application is filed to bring on record the legal
heirs of the deceased respondent no. 13C.
13) Office remark shows that the proposed legal heirs of the
deceased respondent no.13C are already been served.
14) None appears for the proposed legal heirs of the deceased
respondent no.13C when the matter is called out.
15) I have heard Ms.Shah learned advocate for the applicants
and Mr.Malvankar for the respondent nos. 4, 5, 7a and 9. I have also
gone through the contents of the civil application.
16) The Division Bench of this Court in Keshao s/o. Kawadu
Maral and another Versus State of Maharashtra and others , reported
in 2005 (1) MahLJ 1059, condoned the delay of six years in filing the
Application of bringing the legals heirs on record, relying on the
Supreme Court judgment of Sardar Amarjit Singh Karla (dead) by
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17 - CAS 1748 OF 2008.doc
LRS. and others Versus Pramod Gupta (Smt.) (dead) by LRS. and
others, reported in 2003 (3) SCC 272.
17) Taking into consideration the above judgments and for
the reasons stated in the application, I am satisfied that the grounds
are made out to allow this civil application.
18) Civil Application is allowed in terms of prayer clauses (a),
(b) and (c).
19) Amendment to be carried out within a period of three
weeks from today.
CIVIL APPLICATION NO. 1668 OF 2019
20) This civil application is filed to bring on record the legal
heirs of the deceased respondent no. 10E.
21) Office remark shows that the proposed legal heirs of the
deceased respondent no.10E are duly served.
22) None appears for the proposed legal heirs of the deceased
respondent no.10E when the matter is called out.
23) I have heard Ms.Shah learned advocate for the applicants
and Mr.Malvankar for the respondent nos. 4, 5, 7a and 9. I have also
gone through the contents of the civil application.
24) The Division Bench of this Court in Keshao s/o. Kawadu
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Maral and another Versus State of Maharashtra and others , reported
in 2005 (1) MahLJ 1059, condoned the delay of six years in filing the
Application of bringing the legals heirs on record, relying on the
Supreme Court judgment of Sardar Amarjit Singh Karla (dead) by
LRS. and others Versus Pramod Gupta (Smt.) (dead) by LRS. and
others, reported in 2003 (3) SCC 272.
25) Taking into consideration the above judgments and for
the reasons stated in the application, I am satisfied that the grounds
are made out to allow this civil application.
26) Civil Application is allowed in terms of prayer clauses (a),
(b) and (c).
27) Amendment to be carried out within a period of three
weeks from today.
[RAJESH S. PATIL, J.]
