Disposed

The Saswad Mali Sugar Factory Ltd. through Managing Director Shri. Rajendra G. Girme v. Ganpat Sadashiv Kshirsagar (Teli) (Since Decd) through Lrs. and Ors.

Bombay HC18 Jan 2024CAW/2029/2016

Case brief

AI extract

What is this about?

Single judge disposed of three applications filed in a writ petition seeking to bring legal heirs of deceased respondents on record and delete a deceased respondent. The court condoned delay, allowed amendment and deletion, and directed reconstruction of the writ brief within a week.

What did the court decide?

Allowed application to bring legal heirs on record with delay condoned; permitted deletion of deceased respondent; directed reconstruction of writ brief.

The Saswad Mali Sugar Factory Ltd. through… — Civil Procedure and Limitation | Bombay HC (2024)

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242.WP.7907.2005+.doc

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HARSHADA H. SAWANT (P.A.)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.7907 OF 2005

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The Saswad Mali Sugar Factory Ltd. .. Petitioner

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Versus

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Ganpat Sadashiv Teli Kshirsagar and Ors. .. Respondents

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WITH INTERIM APPLICATION NO.3415 OF 2023 IN

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WRIT PETITION NO.7907 OF 2005

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The Saswad Mali Sugar Factory Ltd. Applicant / .. Petitioner

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Versus

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Ganpat Sadashiv Kshirsagar (Teli) (since deceased) through legal heirs Subhadra Ganpate Kshirsagar (Teli) and Ors. .. Respondents

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WITH CIVIL APPLICATION NO.2029 OF 2016 IN

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WRIT PETITION NO.7907 OF 2005

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The Saswad Mali Sugar Factory Ltd. Applicant /

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.. Petitioner

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Versus

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Ganpat Sadashiv Kshirsagar (Teli) (since deceased) through legal heirs Subhadra Ganpate Kshirsagar (Teli) and Ors. .. Respondents

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WITH CIVIL APPLICATION (ST.) NO.9947 OF 2018 IN WRIT PETITION NO.7907 OF 2005

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The Saswad Mali Sugar Factory Ltd.

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Applicant / .. Petitioner

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Versus

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Ganpat Sadashiv Kshirsagar (Teli) (since deceased) through legal heirs Subhadra Ganpate Kshirsagar (Teli) and Ors. .. Respondents

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1 of 4

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242.WP.7907.2005+.doc

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Ms. Gunjan Shah i./by Mr. Prafulla Shah, Advocate for Petitioner.

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CORAM : MILIND N. JADHAV, J. DATE : JANUARY 18, 2024

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P.C.:

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1. Heard Ms. Shah, learned Advocate for Petitioner.

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INTERIM APPLICATION NO.3415 OF 2023 :

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2. Interim Application No.3415 of 2023 is filed for bringing on record legal heirs of deceased Respondent No.4 who expired on 22.09.2020. There is no delay in filing the Interim Application.

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2.1. For the reasons mentioned in the Application, Interim Application stands allowed. Names of legal heirs of deceased Respondent No.4 are permitted to be brought on record as stated in the Application. Amendment to be carried out within a period of one week from today. Copy of amended cause title be served on Respondents. Re-verification stands dispensed with.

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2.2. Interim Application No.3415 of 2023 is disposed.

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CIVIL APPLICATION NO.2029 OF 2016 :

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3. Civil Application No.2029 of 2016 is filed for bringing on

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record legal heirs of deceased Respondent No.1 who expired on 22.11.2013. There is a delay of 55 days in filing the Application.

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2 of 4

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242.WP.7907.2005+.doc

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3.1. For the reasons mentioned in the Application, delay if any stands condoned. Civil Application is allowed. Respondent No.1’s legal heirs names are permitted to be brought on record. Amendment to be carried out within a period of one week from today. Copy of amended cause title be served on Respondents. Re-verification stands dispensed with.

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3.2. Civil Application No.2029 of 2016 is disposed.

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CIVIL APPLICATION (ST.) NO.9947 OF 2018 :

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4. Civil Application (Stamp) No.9947 of 2018 is filed for deletion of Respondent no.1a who would be impleaded as Respondent No.1 since she expired on 11.06.2017 in the interregnum.

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4.1. For the reasons mentioned in the Application, deletion of Respondent No.1a’s name is permitted. Amendment to be carried out within a period of one week from today. Copy of amended cause title be served on Respondents. Re-verification stands dispensed with.

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4.2. Civil Application (St.) No.9947 of 2018 is disposed.

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5. Despite a lot of efforts taken by the Department, papers of this proceedings are not traceable / available in the Registry.

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6. Ms. Shah is directed to reconstruct a fresh Writ Petition brief and file the same with the Registry of this Court within a period of one week from today and get ready in the matter and argue on the next

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3 of 4

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242.WP.7907.2005+.doc

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adjourned date.

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7. Registry of this Court shall permit reconstruction of the brief

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and the orders and place the same before the Court on the next adjourned date.

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8. Stand over to 25^th January, 2024 .

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H. H. SAWANT

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[ MILIND N. JADHAV, J. ]

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Digitally signed by HARSHADA HARSHADA HANUMANT HANUMANTSAWANT SAWANT Date: 2024.01.22 18:50:14 +0530

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4 of 4

The Saswad Mali Sugar Factory Ltd. through Managing Director Shri. Rajendra G. Girme v. Ganpat Sadashiv Kshirsagar (Teli) (Since Decd) through Lrs. and Ors.

Case brief

What is this about?

What did the court decide?

The Saswad Mali Sugar Factory Ltd. through Managing Director Shri. Rajendra G. Girme v. Ganpat Sadashiv Kshirsagar (Teli) (Since Decd) through Lrs. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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