Kailash Chabanrao Phulari And Others v. Markas Prasad Dethe And Others

2026:BHC-AUG:4506 1 41 ca 4792.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4792 OF 2025 IN CIVIL APPLICATION NO. 13698 OF 2024 IN CIVIL REVISION APPLICATION STAMP NO. 3361OF 2024 Kailash Chabanrao Phulari and others .. Applicants

Versus

Markas Prasad Dethe and others .. Respondents Shri S. M. Gunjkar, Advocate h/f Shri Siddharth R. Deshpande, Advocate for the Applicants.

Shri L. V. Sangit, Advocate for the Respondent Nos. 3, 4, 7, 10 & 11.

CORAM : SHAILESH P. BRAHME, J.

DATE : 02ND FEBRUARY, 2026.

FINAL ORDER :

.

Applicants seeks condonation of delay of 382 days caused in filing civil application for setting aside abatement and bringing legal heirs of deceased respondent No. 1 - Marcus Prasad Dethe on record.

2.

The cause of action survives as against the legal heirs of the deceased respondent No. 1. There is no reason to infer any malafides on the part of the applicants in preferring the application belatedly. For the reasons stated in the application, it is desirable to allow the application.

2 41 ca 4792.25 3.

For the reasons stated in the application, the civil application is allowed in terms of prayer clauses A to C. The civil application is disposed of.

4.

Amendment shall be carried out within a period of two (02) weeks from today.

[ SHAILESH P. BRAHME J. ] bsb/Feb. 26