Vasant Apparao Balsure And ORS v. Vasant Balbhim Potdar And ANR

2025:BHC-AUG:27193 1 19 ca 7203.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7203 OF 2025 WITH CIVIL APPLICATION NO. 7204 OF 2025 CIVIL APPLICATION NO. 7205 OF 2025 IN SECOND APPEAL NO. 115 OF 2006 Vasant Apparao Balsure and others .. Applicants

Versus

Vasant Balbhim Potdar Since deceased through L.Rs.

Sushilabai Vasant Potdar and others .. Respondents Shri Umesh Mitkari, Advocate h/f Shri Laxmikant C. Patil, Advocate for the Applicants.

CORAM : SHAILESH P. BRAHME, J.

DATE : 30TH SEPTEMBER, 2025.

FINAL ORDER :

.

Applicants seek condonation of delay caused in filing application and setting aside abatement and bring legal heirs of appellant Nos. 5, 3 and 2 in respective civil applications. The legal heirs are mentioned in the applications. The cause of action survives as against them. They are necessary parties. The second appeal is admitted and not reached for final hearing. 2.

For the reasons stated in the applications, delay stands condoned and abatement against the deceased appellants is set aside. The civil applications are disposed of.

2 19 ca 7203.25 3.

Parties shall be at liberty to carry out amendment and bring legal heirs of the deceased appellants on record. Amendment shall be carried out within a period of two (02) weeks from today.

[ SHAILESH P. BRAHME J. ] bsb/Sept. 25