Durgabai Uttamrao Thorat v. Laxminarayan Sansthan Achalpur

2026:BHC-NAG:1851 3.cas.193.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.887 OF 2025 IN SECOND APPEAL ST. NO.25548 OF 2023 Durgabai Uttamrao Thorat through POA Padmakar Uttamrao Thorat .Vs. Laxminarayan Sansthan Achalpur through its President Ratanlal Bhuramal Tambi and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. A.A. Dhawas, Advocate for appellant.

Mr. U.J. Deshpande, Advocate for respondent No.5. CORAM : ROHIT W. JOSHI, J.

DATE : 04/02/2026 1.

The respondent No.1 is a registered public trust. The other respondents are arrayed as trustees of the respondent No.1. It is stated that in view of subsequent change in the body, new trustees are required to be impleaded as respondents in the appeal.

2.

Mr. Deshpande, learned Advocate for the respondent No.5 states that the names of present trustees as mentioned in the civil application are correct. In view of the above, civil application is allowed. The present trustees mentioned in the civil application be added as respondent Nos.7 to 12.

CIVIL APPLICATION NO.193 OF 2024 1.

Delay of 133 days in filing Second Appeal is explained on medical grounds. It is stated that the applicant was suffering from paralysis, as a consequence of which appeal could not be filed within the prescribed period of

3.cas.193.2024.odt limitation. Although the learned Advocate for the respondents opposes the application, in the considered opinion of this Court, reasons enumerated in the application are good and sufficient reasons for condoning delay of 133 days. Delay of 133 days caused in filing Second Appeal is condoned. Civil Application is allowed. 2.

List the Second Appeal for hearing on admission on 20.02.2026.

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