Asaram S/O Gopal Nandeshwar v. Pramod S/O Babhruwahanbapu Kursunge And Another

2026:BHC-NAG:3495 30.sa.742.2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NOS.15, 17 AND 16 OF 2026 SECOND APPEAL NO.742 OF 2017 Asaram Gopal Nandeshwar .Vs. Pramod B. Kursunge and anr. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. Y.P. Bhelande, Advocate for appellant Nos.1(A to F). Mr. G.G. Bade, Advocate for respondent No.2.

CORAM : ROHIT W. JOSHI, J.

DATE : 27/02/2026 1.

The respondent No.1 has expired. These are applications seeking condonation of delay in filing application for bringing his legal representatives on record, setting aside abatement of appeal and for permission to bring the names of legal representatives of respondent No.1 on record. There is delay of 431 days in filing the application. It is stated that the appellant was not aware about the demise of the respondent No.1 and that after gathering knowledge about the same, sometime was required for collecting the particulars of the legal representatives. For the reasons mentioned in the application as also having regard to the fact that the appellant is diligently prosecuting the proceeding since the year 2009 when the suit was filed, application for condonation of delay is allowed. Abatement of appeal against respondent No.1 is set aside and permission is granted to bring the names of the legal representatives of deceased respondent No.1 on record.

(ROHIT W. JOSHI, J.) C.L. Dhakate