Mohd Saheb Ismail Saheb Shaikh v. Manik Venkoba Dhanger And ORS

2025:BHC-AUG:37483 1 35 ca 6752.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6752 OF 2016 IN CIVIL APPLICATION NO. 9758 OF 2009 SECOND APPEAL NO. 348 OF 2007 Mohd. Saheb Ismail Saheb Shaikh .. Applicant

Versus

Manik Venkoba Dhanger and others .. Respondents Ms. Prajakta P. Deshmukh, Advocate h/f Shri Milind Patil, Advocate for the Applicant.

Shri T. M. Venjane, Advocate for the L.Rs. of the Respondent No. 7.

CORAM : SHAILESH P. BRAHME, J.

DATE : 23RD DECEMBER, 2025.

FINAL ORDER :

.

Herd both sides.

2.

Applicant seeks condonation of delay caused in filing application for setting aside abatement and bring legal heirs of the deceased respondent No. 7 on record.

3.

Learned counsel Mr. Venjane has caused appearance on behalf of the legal heirs of the deceased respondent No. 7 - Laxman Mahada Suryawanshi. The cause of action survives against the legal heirs of the respondent No. 7. The delay is

2 35 ca 6752.16 unintentional.

4.

For the reasons stated in the application, the civil application is allowed in terms of prayer clauses 'A' and 'B'. The civil application is disposed of.

5.

Amendment shall be carried out within a period of two (02) weeks from today.

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