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Bombay High CourtCA/1097/2024admittedallowedgrantedrule absolute

Bhagirathibai Digambar Wadkar Died Lrs Padminibai v. Ramling Maharudra Wadkar L.Rs. Gurling L.Rs. Siddhaling L.Rs. Kamal L.Rs. Sanjay And Others

2025-10-16Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:29538 1 10 ca 1097.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1097 OF 2024 IN SECOND APPEAL NO. 63 OF 2015 Bhagirathibai Digambar Wadkar Since deceased through LRs Padminibai .. Applicant

Versus

Ramling Maharudra Wadkar Since deceased through LRs Siddhaling L.Rs. Kamal, L.Rs.

Sanjay and others .. Respondents Shri Nilkanth R. Pawade, Advocate for the Applicant - absent. CORAM : SHAILESH P. BRAHME, J.

DATE : 16TH OCTOBER, 2025.

FINAL ORDER :

.

When the matter is called out for hearing, none appears for the parties.

2.

Applicant seeks to condone delay of 331 days caused in filing application for setting aside abatement and bringing legal heirs of respondent No. 10 - Nivrutti SSambha Kale on record. 3.

The cause of action survives as against the legal heirs of the respondent No. 10. The averments of the application have not been controverted.

2 10 ca 1097.24 4.

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