Nagarbai Shivdas Alias Satish Wadgaonkar v. Sidram Saibu Sidgare Died And Others

2025:BHC-AUG:21330 934-CA-2929-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2929 OF 2025 IN WP/415/2016 Nagarbai Shivdas Alias Satish Wadgaonkar

VERSUS

Sidram Saibu Sidgare Died And Others *** • Mr. B. R. Kedar, Advocate for the Applicant • Mr. U. B. Bilolikar, Advocate for Respondent Nos. 2/a, 3/a and b and 4 • Ms. R. R. Tandale, AGP for the Respondent Nos. 5 and 6/State *** CORAM : R. M. JOSHI, J DATE : AUGUST 08, 2025 PER COURT :

1.

This Application is for condonation of delay of 621 days in filing this Civil Application to bring LR's of deceased Respondent No. 2 on record by setting aside the order of abatement.

2.

Perusal of the Application indicates that the Applicant had no knowledge about the death of Respondent No. 2 and immediately after the intimation was given to this Court, present Application is moved. Thus, it cannot be said that there is any deliberate act on the part of the Applicant in not bringing on record LR's of deceased Respondent No. 2 in time. Umesh

934-CA-2929-2025.odt 3.

Learned Counsels for Respondents oppose the Application.

4.

In the facts of the case, no mala fides can be attributed to the Applicant for not bringing LR's of deceased Respondent No. 2 in time. Hence, Application stands allowed in terms of prayer clauses "B to D". Amendment be carried out within two weeks.

5.

Issue notice to LR's of Respondent Nos. 2-B to D in Petition, returnable on 30.09.2025.

6.

Mr. Bilolikar, learned Counsel, waives service of notice on behalf of Respondent No. 2-A.

(R. M. JOSHI, J.) Umesh