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Bombay High CourtCA/12745/2025disposed off

Bapurao Laxman Gawali Died Thr Lrs Kausabai Bapurao Gawali Died And Others v. Janardhan Bhujangrao Garje And Others

2026-01-28Hon'Ble Shri Justice Shailesh P. Brahme1 pages

( 1 ) 80 WP 2699 OF 2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 80 WRIT PETITION NO. 2699 OF 2016 WITH WRIT PETITION NO. 2655 OF 2023 WITH CIVIL APPLICATION NO. 12745 OF 2025 IN WP/2699/2016 BAPURAO LAXMAN GAWALI DIED THR LRS KAUSABAI BAPURAO GAWALI DIED AND OTHERS

VERSUS

JANARDHAN BHUJANGRAO GARJE AND OTHERS ...

Mr. Vijay B. Jagtap, Advocate for Applicants Mr. M. S. Karad, Advocate for Respondent No.4A to 4D ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 28.01.2026 PER COURT :- .

Applicants seek to condone the delay of 2496 days in setting aside abatement and in bringing legal heirs of deceased respondent no.4 - Subhash s/o Eknath Raut on record. Mr. M. S. Karad, learned counsel submits that he has instructions to appear on behalf of legal heirs of respondent no.4. The cause of action survives as against the legal heirs. The delay is unintentional. 2.

Civil Application is allowed in terms of prayer clause "B", "C" and "D".

3.

Parties shall carry out amendment within four (4) weeks from today.

4.

List this matter on 25.02.2026.

( SHAILESH P. BRAHME, J. ) PRW