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Bombay High CourtIA/8967/2025disposed off

Shri. Janardhan Nagesh Patil Deceased Thr. Lrs. 1.1 Mandakini Janardan Patil And ORS. v. M/S. Creations

2025-12-02Hon'Ble Shri Justice Jitendra Shantilal Jain2 pages

5-IA-8967-25.doc rsk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.8967 OF 2025 AND INTERIM APPLICATION NO.12789 OF 2025 IN FIRST APPEAL NO.305 OF 2014 Shri. Janardhan Nagesh Patil Deceased Thr. Lrs. 1.1 Mandakini Janardan Patil & Ors. ...Applicants- Appellants

Versus

M/s. Creations

...Respondents

_____________________________________________________ Mr. A. K. Saxena, for the Applicants-Appellants. Mr. Saurabh M. Railkar, for the Respondent.

_____________________________________________________ CORAM :

JITENDRA JAIN, J.

DATED :

2 DECEMBER 2025 P. C.:

INTERIM APPLICATION NO.8967 OF 2025 1.

This application is taken out for setting aside the abatement order since the original appellant has passed away and further it also seeks to bring legal heirs of the original appellant on record. 2.

There is a delay of three years, three months and thirteen days in taking out the application. Reasons are explained in paragraph 3. Digitally signed by RAJESHWARI SUBODH KARVE Date:

2025.12.03 12:34:14 +0530 RAJESHWARI SUBODH KARVE Although ignorance of law is not an excuse but the fact remains that the litigants may not be well versed with the procedural provisions of law.

5-IA-8967-25.doc Being satisfied with the reasons given in paragraph 3, the delay in taking out the present application is condoned. Legal heirs are permitted to be brought on record. Abatement is set aside. 3.

Amendment to be carried out within four weeks from today. Necessary correction to be made in the copies of all the parties or the amended copy be served on all the parties.

4.

Interim application No.8967 of 2025 is disposed of. Reverification is dispensed with. INTERIM APPLICATION NO.12789 OF 2025 5.

The present interim application has not been served on the respondents. Same to be served within four weeks from today. Reply, if any, to be filed and served within two weeks thereafter. 6.

List this Interim Application on 27 January 2026. [ JITENDRA JAIN, J. ]