Sukhdeo Rangnath Gaikwad Died Through Lrs Parvatabai And ORS v. Bapusaheb Gorakhnath Gaikwad And ORS

2025:BHC-AUG:25264 1 40 ca 1007.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1007 OF 2024 IN SECOND APPEAL NO. 162 OF 2019 Sukhdeo Rangnath Gaikwad Since deceased through L.Rs.

Parvatabai and others .. Applicants

Versus

Bapusaheb Gorakhnath Gaikwad and others .. Respondents Shri Rahul A. Tambe, Advocate for the Applicants. Shri Kailas B. Jadhav, Advocate for the Respondent No. 1. CORAM : SHAILESH P. BRAHME, J.

DATE : 18TH SEPTEMBER, 2025.

FINAL ORDER :

.

Heard both sides.

2.

Present application is for condonation of delay of 905 days caused in filing application for bringing legal heirs of the deceased respondent No. 09 on record and setting aside abatement.

3.

The averments of the application have not been controverted by the respondents. The cause of action survives against the legal heirs of the deceased respondent No. 09.

2 40 ca 1007.24 4.

I am inclined to condone the delay and permit the legal heirs of the deceased respondent No. 09 to be brought on record. For the reasons stated in the application, it is desirable to condone the delay. The civil application stands allowed in terms of prayer clauses 'A' and 'B'. The civil application is disposed of. 5.

Amendment to be carried out within a period of two (02) weeks from today.

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