Ambadas Natharao Kathavate Died Thr Lrs Ranjana Ambadas Kathavate And ORS v. Manisha Takhaji Gite And ORS

2026:BHC-AUG:4397 915ca7337-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 CIVIL APPLICATION NO. 7337 OF 2024 IN FA/1505/2019 Ambadas Natharao Kathavate Died Thr Lrs Ranjana Ambadas Kathavate And Ors

VERSUS

Manisha Takhaji Gite And Ors ...

Mr. Dhage Babasaheb V., Advocate for Applicant Mr.Deshmukh Mohit R. Advocate for Respondent No.5 CORAM : Y. G. KHOBRAGADE, J.

Dated : 30th January, 2026 PER COURT :- 1.

Heard learned counsel for the applicants and learned counsel appearing for non applicant no.5.

2.

On 20th July, 2024, this court passed an order in the present application and issued notice to non-applicants. As per bailiff report non-applicant nos. 1 to 4 refused to accept the notices. Therefore, it is presumed that non-applicant nos. 1 to 4 are served, but they failed to appear in the matter.

3.

By the present application, the applicants pray for bringing the legal heirs of deceased appellant- Ambadas Natharao Kathavate on record.

4.

The learned counsel for the applicants canvassed that the appellant (deceased) has filed an appeal challenging judgment and

915ca7337-24 award dated 18.12.2017 passed by the learned Commissioner for Workmen's Compensation in Application (WC) No. 60 of 2013, however, during pendency of the appeal, the appellant died leaving behind the present applicants 1-A to 1-D. The cause of action survives. Therefore, it is necessary to bring the legal heirs of the deceased appellant on record by condoning the delay of 190 days caused in filing the application for bringing the legal heirs on record. Learned counsel appearing for non applicant no.5 has strongly objected for bringing the legal heirs of deceased appellant on record. 5.

Since the cause of action survives, the application is allowed. The applicants are permitted to be brought on record as the legal heirs of the deceased appellant. The delay of 190 days caused in filing the application is hereby condoned.

6.

Necessary amendment be carried out within seven days from today.

( Y. G. KHOBRAGADE, J. ) JPChavan