Baburao Alias Babu Raoji Gavade Since Deceased Thr His Lrs. v. 1. Laxman Raoji Gavade

2026:BHC-AS:18290 15-IA-6655-2024.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 6655 OF 2024 Swapnil IN SECOND APPEAL NO. 358 OF 2010 Baburao Alias Babu Raoji Gavade Since Deceased Thr His Lrs.

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Applicants Vs.

Laxman Raoji Gavade and Ors.

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Respondents Ms. Shraddha Pawar i/b. Mr. Dilip Bodke for the applicant. Mr. S. N. Chandrachood for respondent nos. 1 to 4. CORAM : GAURI GODSE, J.

DATE :

16th APRIL 2026 ORDER :

1.

This application is for bringing on record the names of the heirs and legal representatives of deceased respondent no.4. There is delay in filing the application. 2.

Learned counsel for the applicants submits that the reasons for the delay and the steps taken to file the application are explained in paragraphs 5 to 7 of the application.

3.

Learned counsel for the respondents submits that there 1/2

15-IA-6655-2024.docx is a huge delay of 8 years 41 days and therefore, the reasons be considered with reference to the long delay in filing the application.

4.

I have perused the papers. The second appeal is of the year 2012 which is admitted and pending for final hearing. In the meantime respondent no.4 has expired. The reasons are explained in the application. I do not see any reason to disbelieve the grounds raised for condonation of delay. 5.

In the facts and circumstances of the case, delay is condoned and the application is allowed in terms of prayer clause 'a', 'b' and 'c'.

6.

Amendment to be carried out within four weeks. 7.

Learned counsel appearing for the added respondents waive notice of the second appeal.

[GAURI GODSE, J.] 2/2