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Bombay High CourtCA/6758/2025admittedallowedgrantedrule absolute

Vishwanath Sahebrao Daud L.Rs. Kaveribai And Others v. Prabhakar Sahebrao Daud And Others

2025-07-07Hon'Ble Shri Justice Shailesh P. Brahme1 pages

2025:BHC-AUG:17442 1 56 ca 6758.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6758 OF 2025 IN SECOND APPEAL NO. 80 OF 1999 Vishwanath Sahebrao Daud Since deceased through his L.Rs.

Kaveribai and others .. Applicants

Versus

Prabhakar Sahebrao Daud and others .. Respondents Shri B. G. Sagade, Advocate for the Applicants. Mrs. C. S. Deshmukh, Advocate for the Respondent Nos. 1 to 4. CORAM : SHAILESH P. BRAHME, J.

DATE : 07TH JULY, 2025.

FINAL ORDER :

.

Applicants are seeking condonation of delay of 658 days, setting aside abatement and bringing heirs of sole applicant/appellant Vishwanath Sahebrao Daud on record. 2.

The cause of action survives against the heirs of the deceased applicant. They are necessary parties. Learned counsel for the applicant is representing the heirs of the applicant. It is desirable to allow the civil application. The civil application is allowed in terms of prayer clauses 'B' and 'C'. The civil application is disposed of.

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