Bombay High CourtCAS/1226/2025allowed

Ramchandra S/O Bisansa Gulhane v. The State Of Mah. Thr. The Collector And 4 ORS

2026-04-06Hon'Ble Shri Justice Rohit Wasudeo Joshi2 pages

1 15-sa 14.2012.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATIONS (S) NO.1226 OF 2025 & 1225 OF 2025 IN SECOND APPEAL NO. 14 OF 2012 ( RAMCHANDRA S/O BISANSA GULHANE VS THE STATE OF MAH. THR. THE COLLECTOR AND ORS ) Office Notes, Office Memorandum of Coram, appearances, Court's orders or the directions, Court's or Judge's order and Registrar's orders.

Mr. V.B.Bambhurkar, Advocate for appellant.

Mr. H.D.Dubey, AGP for respondent No.1 Mr. S.P. Kshirsagar, Advocate for respondent No.4.

CORAM

ROHIT W. JOSHI, J.

DATED :

APRIL 06, 2026 1) These applications are filed seeking condonation of delay in filing application to bring the legal representatives of deceased respondent No.3 on record, by setting aside the abatement of the appeal against the said respondent and for impleading legal representatives of deceased respondent No.3. 2) The respondent No.3 is stated to be expired on 24/05/2019. The applications are filed on 21/08/2025. It is stated in the applications that the applicant was not aware about the demise of respondent No.3 and that knowledge in this regard was gathered on perusal of the sale deed dated 25/07/2025, copy of which was obtained on 18/08/2025.

3) Having regard to the contents of the applications, as also to the fact that the parties are contesting the litigation since long, in the considered opinion of this Court, delay caused deserves to be condoned.

KOLHE

2 15-sa 14.2012.odt 4) In view of the aforesaid, the applications are allowed by condoning the delay caused in moving the application for bringing legal representatives of deceased respondent No.3 on record, setting aside abatement of appeal against respondent no.3 and granting permission to bring names of legal representatives of deceased respondent No.3 on record. Necessary amendment be carried out forthwith. 5) Mr. S. P. Kshirsagar, learned counsel waives service of notice on behalf of legal representatives of deceased respondent No.3.

6) List for final hearing on 20/04/2026.

( ROHIT W. JOSHI, J. ) KOLHE Signed by: Mr. Ravikant Kolhe Designation: PA To Honourable Judge Date: 06/04/2026 18:42:32