Radhesham Jagnath Mittal v. Anna Baburao Jadhav (Died) Thr. Ganadhar Anna Jadhav And ORS

934 CA NO. 4423 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 934 CIVIL APPLICATION NO. 4423 OF 2025 IN FA/1942/2024 Radhesham Jagnath Mittal

VERSUS

Anna Baburao Jadhav (died) Thr. Ganadhar Anna Jadhav And Ors ...

Mr. R. F. Totala i/by Mr. Lohiya Swapnil Vijendrakumar, Advocate for Applicant Mr. A S Usmanpurkar, Advocate for Respondent No.2 CORAM : SANJAY A. DESHMUKH, J.

DATE : 17.01.2026 PER COURT :- 1.

Heard.

2.

This is an application for condonation of 2254 days delay caused in filing the Civil Application for bringing the legal representatives of deceased respondent (Anna Baburao Jadhav) on record as well as for setting aside abatement. 3.

Learned Advocate for the respondent No.2 strongly opposed the application.

4.

Perused the application. Considering the reasons stated therein, it appears that the delay is not deliberately caused. Hence, the application deserves to be allowed in the interest of justice. Hence, the following order:

(( 2 )) 934 CA NO. 4423 OF 2025 ::ORDER::

a.

The application is allowed by setting aside the abatement.

b.

The delay of 2254 caused in filing the Civil Application for bringing the legal representatives of deceased respondent (Anna Baburao Jadhav) on record is condoned.

c.

The applicant is directed to amend the appeal memo by bringing the legal representatives of the deceased respondent (Anna Baburao Jadhav) on record within one week.

d.

The Civil Application is disposed of.

IN FIRST APPEAL NO.1942 OF 2024 1.

After the amendment is carried out, issue notice to the legal heirs of respondent (Anna Baburao Jadhav), returnable on 18.02.2026.

2.

Call Record and Proceedings.

[ SANJAY A. DESHMUKH, J. ] HRJadhav