Waghambar Vitthal Waghmare And Another v. Subhadrabai W/O Narayan Deokate And Others

2026:BHC-NAG:4026 12.sa.519.2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) No.120 AND 121 of 2026 SECOND APPEAL NO.519 OF 2015 Waghambar Vitthal Waghmare and another .Vs. Subhradraba W/o Nrayan Deokate and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. Abhay Sambre, Advocate for appellants.

Mr. M.V. Samarth, Advocate for respondent Nos.3(a to d). CORAM : ROHIT W. JOSHI, J.

DATE : 10/03/2026 1.

There is a delay of around 1130 days caused in filing application for bringing legal representatives of deceased respondent No.3 on record. It is stated that the respondent No.3 expired a few days before the Covid-19 lockdown was imposed and that, during the Covid-19 lockdown period, there was a communication gap between the appellants and their learned advocate.

2.

Having regard to the contents of the application and also to the fact that the second appeal is filed in the year 2015 and is pending for final hearing and that appeals of earlier years are also pending for final hearing, application for condonation of delay is allowed, abatement of appeal against respondent No.3 is set aside and permission is granted to bring the legal representatives of deceased respondent No.3 on record. Despite objection by the learned Advocate for the respondent that the delay is not properly explained, this Court is inclined to condone

12.sa.519.2015.odt the delay for the reasons mentioned in the application. This Court has also taken into consideration the fact that the delay is not adversely affected the prospects of final hearing of the appeal.

3.

Having regard to the delay, appellants are directed to deposit cost of Rs.3000/- (Rupees Three Thousand Only) in the 'Public Welfare Account' bearing Account No.129712010001014 (IFSC Code:

UBIN0812978) in the Union Bank of India, Branch High Court, Civil Lines, Nagpur.

4.

Necessary amendment be carried out on or before 18.03.2026.

5.

Mr. Samarth, learned Advocate waives service of notice for the respondent Nos.3(a to d).

6.

List the appeal on 22.04.2026.

(ROHIT W. JOSHI, J.) C.L. Dhakate