Rajnikant S/O Gajanan Kauthkar And Anor. v. Sadashiv Shankarappa Kauthkar And 4 ORS
29. SA 527.06.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CIVIL APPLICATION NOS.154 OF 2026, 155 OF 2026 AND 156 OF 2026 IN SECOND APPEAL NO.527 OF 2006 Gajanan S. Kauthkar (Dead) thru. Rajnikant and ors. Vs.
Sadashiv S. Kauthkar and ors.
Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. C. A. Joshi, Advocate for applicants.
CORAM : ROHIT W. JOSHI, J.
DATE : 30.04.2026.
.
These are applications for bringing legal representatives of deceased respondent No.5-A on record, setting aside abatement and for condonation of delay in filing application for bringing his legal representatives. There is a delay of around 368 days in filing the application.
2.
It is stated that the applicants are residents of a remote village in Akot Tehsil of Akola District and that due to long pendency of the appeal, they were not in regular contact with their learned advocate. The appeal is pending since the year 2006 and arises out of a civil suit filed in the year 1994.
3.
It is understandable that, the applicants were not in regular contact with their advocate since litigation is pending for a considerable period.
29. SA 527.06.odt 4.
For the reasons mentioned in the application, the delay caused in filing application for bringing legal representatives of deceased respondent No.5-A on record is condoned, abatement of appeal against deceased respondent No.5-A is set aside and permission is granted to bring her legal representatives on record. 5.
Necessary amendment be carried out before 08.05.2026.
SECOND APPEAL NO.527 OF 2006 6.
Issue notice to the legal representatives of deceased respondent No.5-A for final hearing of the appeal, returnable on 24.06.2026.
7.
The appellants are directed to serve the legal representatives of deceased respondent No.5-A by speed post, in addition to regular mode of service and file affidavit of service before the returnable date. (ROHIT W. JOSHI, J.) T ...
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