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Bombay High CourtCA/5406/2025admittedallowedgrantedrule absolute

Narayan Raoji Karankal L.Rs. Ashok Narayan Karankal And Others v. Nanabhau Raoji Karankal

2025-07-11Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:18096 1 934 ca 5406.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5406 OF 2025 IN SECOND APPEAL STAMP NO. 32880 OF 2023 Narayan Raoji Karankal Since deceased through his L.Rs.

Ashok Narayan Karankal and others .. Applicants

Versus

Nanabhau Raoji Karankal .. Respondent Shri Lalitkumar S. Mahajan, Advocate for the Applicants. CORAM : SHAILESH P. BRAHME, J.

DATE : 11TH JULY, 2025.

FINAL ORDER :

.

This civil application is for restoration of second appeal as well as condonation of delay caused in bringing legal heirs of the sole appellant on record.

2.

Sole appellant Narayan Raoji Karankal died and steps were not taken in time, which ended in dismissal of the second appeal vide order dated 25.01.2024.

3.

For the reasons stated in the application, it is desirable to restore the second appeal to its original position. The cause of action survives against heirs of the deceased applicant.

2 934 ca 5406.25 4.

Hence the civil application is allowed in terms of prayer clauses 'B' 'C' and 'D'. The civil application is disposed of. [ SHAILESH P. BRAHME J. ] bsb/July 25