Somaji @ Modku S/O Sadan @ Sadaram Bisen (Dead) v. Saganbai W/O Babulal Katre And Others
2026:BHC-NAG:7566 1 904-CAS-829-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (CAS) NO. 829 OF 2025 AND CIVIL APPLICATION (CAS) NO. 830 OF 2025 AND CIVIL APPLICATION (CAS) NO. 831 OF 2025 IN SECOND APPEAL NO. 375 OF 2023 SOMAJI @ MODKU S/O SADAN @ SADARAM BISEN (DEAD) THROUGH LRS Vrs.
SAGANBAI W/O BABULAL KATRE AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri M. R. Joharapurkar, Advocate for applicants. Shri S. T. Sakhare, Advocate h/f Shri V. R. Borkar, Advocate for LRs of respondent No.1.
Ms. Archana Mhaske, Advocate h/f Shri Prashant Gode, Advocate for respondent No.3.
CORAM: Y. G. KHOBRAGADE, J.
DATE : 11/06/2026.
1.
Heard learned counsel appearing for the respective parties at length.
2.
Having regard to the submissions canvassed on behalf of both the sides, I have gone through the record.
3.
These are the applications for setting aside abatement, condonation of delay and for bringing legal heirs of deceased respondent No.1 on record.
4.
Since the cause of action survives in the present appeal, all these applications are allowed on the ground set out in the applications.
2 904-CAS-829-2025.odt 5.
Accordingly, delay of 948 days caused for setting aside abatement and bringing LRs of respondent No.1 is hereby condoned, abatement is set aside against respondent No.1 and the appellant is permitted to bring the legal heirs of deceased respondent No.1 on record. 6.
Necessary amendment be carried out within a period of seven days from today.
7.
The applications are disposed of.
Civil Application (CAS) No.1381/2023 In Second Appeal No.374/2023 and Civil Application (CAS) No.1382/2023 in Second Appeal No.375/2023.
8.
Stand over to 02/07/2026.
[JUDGE] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 12/06/2026 11:27:53