Vidya W/O. Prashant Gadge And Others v. Suman Wd/O. Wamanrao Badnerkar And Others

01. SA 196.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR SECOND APPEAL NO.196 OF 2016 Vidya P. Gadge and ors. Vs. Suman W. Badnerkar and ors. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms. Vidya Umale, Advocate for respondent Nos.1 to 5. CORAM : ROHIT W. JOSHI, J.

DATE : 24.03.2026.

CIVIL APPLICATION NO.1039 OF 2025 .

The respondent No.1 has expired. Her legal representatives are already on record. In view of the above, permission is sought to delete the name of respondent No.1. In view of the statement made the legal representatives of respondent No.1 are on record, permission is granted to delete the name of respondent No.1 from the array of parties.

2.

The appellant No.2 has expired on 31.03.2021. Prayer is made for bringing his legal representatives on record. Since there is a delay in filing application, prayer is also made for condonation of delay and for setting aside abatement of appeal against him. The appeal is of the year 2016, it is admitted and is pending for final hearing. Appeals of the same period are also pending for final hearing.

01. SA 196.16.odt 3.

In view of the aforesaid, although there is a delay of more than 1500 days, the same has not adversely affected the prospects of final hearing of the appeal. 4.

In view of the aforesaid, civil application is allowed by condoning the delay caused in filing application for bringing legal representatives of deceased appellant No.2 on record, setting aside abatement of appeal against appellant No.2 and by permitting substitution of names of legal representatives of deceased appellant No.2 on record.

5.

Necessary amendment be carried out on or before 10.04.2026.

(ROHIT W. JOSHI, J.) T ...

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