Nimba Rajaram Jagtap And Others v. Krushnabai Dhana Patil (Jagtap) Died Lrs. Virbhan And Others

2025:BHC-AUG:14875 1 967 ca 8111.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8111 OF 2024 IN SECOND APPEAL NO. 47 OF 2021 Nimba Rajaram Jagtap and others .. Applicants

Versus

Krushnabai Dhana Patil (Jagtap) since deceased through her L.Rs.

Virbhan and others .. Respondents Shri Gaurav L. Deshpande, Advocate for the Applicants. CORAM : SHAILESH P. BRAHME, J.

DATE : 12TH JUNE, 2025.

FINAL ORDER :

.

Applicants are seeking condonation of delay, setting aside abatement and bringing heirs of the deceased respondent No. 8 on record. The respondent No. 8/Bharat Sonu Patil was shown to be dead in the Trial Court and no steps could be taken to bring his heirs on record. Inadvertently, in the lower appellate Court also steps were not taken. Now applicants want to rectify the mistake and they are claiming condonation of delay and permission to bring heirs on record.

2.

The contents of the application have not been controverted by the respondents. Applicants are unsuccessful plaintiffs before the Courts below. The respondent No. 8 was party defendant,

2 967 ca 8111.24 whose heirs are shown in the para No. 4 of the application. The civil application is allowed in terms of prayer clauses B to E. The civil application is disposed of.

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