Rajaram Babaji Raut Since Deceased Thro. His Legal Heirs v. Dattatraya Govind Jadhav (Since Deceased)

40-IA-132-2026=.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 132 OF 2026 IN WRIT PETITION NO. 370 OF 1997 Digitally signed by UDAY SHIVAJI JAGTAP Date:

2026.06.18 10:10:47 +0530 UDAY SHIVAJI JAGTAP Rajaram Babaji Raut Since Deceased Thro. His Legal Heirs ... Applicant

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Dattatraya Govind Jadhav (since Deceased) ... Respondent WITH INTERIM APPLICATION (STAMP) NO. 26213 OF 2025 IN WRIT PETITION NO. 370 OF 1997 Rajaram Babaji Raut Since Deceased Thro. His Legal Heirs ... Applicant

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Dattatraya Govind Jadhav (since Deceased) ... Respondent .............

Mr. Sandeep Koregave a/w Om Gurav, Rohan Ghatage for the Applicant None for the Respondent.

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CORAM : SHAILESH P. BRAHME, J.

DATE : 16th JUNE, 2026 P. C. :

INTERIM APPLICATION NO. 132 OF 2026 .

By this application, the applicant seeks restoration of the Writ Petition which was dismissed by order dated 07.03.2024. Uday S. Jagtap 1 of

40-IA-132-2026=.doc 2.

For the reasons stated in the application, it is desirable to restore the Writ Petition so as to deal with the matter on merits. 3.

The delay stands condoned. The Writ Petition is restored to its original position.

4.

Learned counsel for the applicant undertakes to supply paper book within a period of eight (8) weeks.

INTERIM APPLICATION (STAMP) NO. 26213 OF 2025 5.

By this application, the applicant seeks to condone the delay in bringing LRs. of applicant No.1 - Rajaram Babaji Raut on record. 6.

The cause of action survives as against the heirs of applicant No.1. They are necessary parties. No mala fides can be inferred in making the application belatedly. It is desirable to condone the delay. 7.

The Interim Application is allowed condoning delay and setting aside abatement as against the applicant No.1. The legal heirs are permitted to be brought on record. Amendment to be carried out within four (4) weeks.

( SHAILESH P. BRAHME, J. ) Uday S. Jagtap 2 of