Shri. Sushil S/O Narayan Umbarkar And Others v. Makhanlal S/O Shrigopal Daga And Others

2026:BHC-NAG:3945

57. AO 01 of 2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAA) NO.55/2025;

CIVIL APPLICATION (CAA) NO.56/2025;

CIVIL APPLICATION (CAA) NO.57/2025 AND CIVIL APPLICATION (CAA) NO.58/2025 IN APPEAL AGAINST ORDER NO.01/2024 Shri Sushil s/o Narayan Umbarkar and others ...Versus...

Makhanlal s/o Shrigopal Daga and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. Rahul Tajne, Advocate for appellants Mr. S.G. Karmarkar, Advocate for respondent No.2 CORAM : ROHIT W. JOSHI, J.

DATE : 09/03/2026 1.

There is delay of around 9 months and 9 days in filing application for bringing legal representatives of deceased respondent No.2 on record.

2.

Statement is made on oath that the appellants were not aware about the demise of respondent No.2. The said statement is not countered.

3.

In view of above, delay in filing application for setting aside abatement and application for bringing legal representatives of deceased respondent No.2 on record is condoned. Abatement of appeal against respondent No.2 is set aside and permission is granted to bring legal representatives of deceased respondent No.2 on record.

57. AO 01 of 2024.odt 4.

Necessary amendment be carried out on or before 13/03/2026.

5.

Advocate Mr. S.G. Karmarkar waives service of notice for the legal representatives of respondent No.2. 6.

Civil Applications are allowed and disposed of accordingly.

APPEAL AGAINST ORDER NO.01/2024 List the appeal for hearing on admission on 23/03/2026.

(ROHIT W. JOSHI, J.) Wadkar Signed by: S.S. Wadkar (SSW) Designation: PS To Honourable Judge Date: 10/03/2026 10:52:27