Shashikant S/O Babulal Kanhai And ORS v. Dr. Lalchand S/O Dagdulal Somani

2026:BHC-NAG:2756 5.sa.109.2012.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NOS.148, 148 AND 149 OF 2026 SECOND APPEAL NO.109 OF 2012 Shashikant s/o Babulal Kanhai and others .Vs. Dr. Lalchand s/o Dagdulal Somani Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. I.N. Chaudhari, Advocate for applicants.

Mr. S.V. Kulkarni, Adv. h/f Mr.Abhay Bhide, Advocate for respondent. CORAM : ROHIT W. JOSHI, J.

DATE : 17/02/2026 1.

The appellant No.2 has expired on 01.04.2023. These are applications for bringing his legal representatives on record, setting aside abatement of appeal against him and for condonation of delay in filing application for bringing legal representatives on record. There is a delay of around 8 months and 20 days in filing these applications. It is stated that deceased appellant No.2 was suffering from cancer and was undergoing medical treatment for a prolonged period. It is further stated that applicants were not aware about the pending appeal and immediately, on getting knowledge of the same, they have filed present applications. The applicants are contesting the litigation diligently since the year 1989, when the suit was initially filed.

2.

In view of the above, though the respondent strongly opposes the application, delay caused in filing application for bringing legal representatives of appellant No.2 on record is condoned, abatement of appeal against

5.sa.109.2012.odt appellant No.2 is set aside and permission is granted to bring the names of legal representatives of deceased appellant No.2 on record. Necessary amendment be carried out on or before 27.02.2026.

3.

List the appeal for final hearing on 18.03.2026. (ROHIT W. JOSHI, J.) C.L. Dhakate