Sumitabai Suresh Sonare v. Hanumantrao S/O Vithalrao Bhoyer And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR SECOND APPEAL NO.433 OF 2023 Smt. Sumitrabai S. Sonare Vs. Hanumantrao V. Bhoyer and ors. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. A. V. Mule, Advocate for appellant.

Ms. M. M. Ghatode, Advocate for respondents CORAM : ROHIT W. JOSHI, J.

DATE : 18.02.2026.

CIVIL APPLICATION NOS.796 OF 2024 AND 797 OF .

This are the applications seeking condonation of delay in filing application for bringing legal representatives of deceased respondent No.2, setting aside abatement against him and for bringing his legal representatives on record. The appeal is of the year 2023. It is pending for admission.

2.

It is stated that clients came to know about demise of respondent No.2 from the bailiff report and after making inquiries they have moved application for bringing his legal representatives on record. It is stated that delay is caused in such circumstances, and that the same is bona fide.

3.

Although the application is strongly opposed, for the reasons stated in the applications, delay caused in filing application for bringing legal representatives of deceased respondent No.2 is condoned, abatement of

11..odt appeal against deceased respondent No.2 is set aside and permission is granted to bring legal representatives of deceased respondent No.2 as respondent Nos.2a to 2d. CIVIL APPLICATION NOS.800 OF 2024 AND 802 OF 2024.

4.

The appeal came to be dismissed against respondent No.3 vide order dated 23.04.2024. These are applications seeking condonation of delay in filing restoration application and for restoration of appeal against respondent No.3 is allowed. The respondent No.3 though served has not appeared to oppose the applications. For the reasons stated in the applications delay caused in filing restoration application is condoned and appeal is restored against respondent No.3. SECOND APPEAL NO.433 OF 2023 5.

Stand over to 25.02.2026.

(ROHIT W. JOSHI, J.) T ...

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