Dashrath Narayan Landhe Lrs Rakhmabai And Others v. Kashinath Narayan Londhe Lrs Sakhubai And Others

2025:BHC-AUG:34834 1 12 ca 11389.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11389 OF 2025 IN SECOND APPEAL STAMP NO. 11691 OF 2015 Dashrath Narayan Landhe Since deceased through L.Rs.

Rakhmabai and others .. Applicants

Versus

Kashinath Narayan Londhe Since deceased through L.Rs.

Sakhubai and others .. Respondents Shri D. A. Mane, Advocate h/f Shri M. M. Patil, Advocate for the Applicants.

Shri Sanket S. Kulkarni, Advocate for the Respondent Nos. 1B to 1F, 2B, 2C, 3 to 5, 8A to 8F.

CORAM : SHAILESH P. BRAHME, J.

DATE : 11TH DECEMBER, 2025.

FINAL ORDER :

.

Heard both sides.

2.

Applicants seek to condone the delay caused in filing civil application for setting aside abatement and bringing legal heirs of deceased respondent Nos. 2B and 3 on record. 3.

Learned counsel Mr. Sanket Kulkarni for the respondents has instructions to appear for the legal heirs of the deceased respondent Nos. 2B and 3.

2 12 ca 11389.25 4.

The cause of action survives against the legal heirs of the deceased respondents. The delay is said to be unintentional. For the reasons stated in the application, the civil application is allowed. The delay stands condoned. Abatement if any is set aside and legal heirs of the deceased respondent Nos. 2B and 3 are permitted to be brought on record. The civil application is disposed of.

5.

Both the parties shall be at liberty to carry out amendment. Amendment shall be carried within a period of two

(02) weeks from today.

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