Dashrao Babarao Bhalerao. v. Shivaji Ramji Sahare Since Deceased Thr His Lrs Jankabai And ANR.

941.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

941 CIVIL APPLICATION NO. 10951 OF 2025 IN FAST/25982/2025 DASHRAO BABARAO BHALERAO

VERSUS

SHIVAJI RAMJI SAHARE AND ANOTHER ...

Advocate for Applicant : Mr. Suraj Bagal, h/f Mr. B. N. Gadegaonkar. Advocate for Respondent No.2 : Mr. M. M. Ambhore. ...

WITH CIVIL APPLICATION NO. 3261 OF 2026 IN FAST/25982/2025 ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

17th March, 2026.

P.C.:

CIVIL APPLICATION NO. 3261 OF 2026 Heard the learned counsel for the parties. Perused the application.

This application is filed for condonation of delay, setting aside abatement and permission to bring the legal representatives of deceased respondent No.1 - Shivaji on record. Perused the application. There is delay of 1377 days caused in filing this application.

In respect of office remarks i.e. middle name differ on death certificate, it appears that "Rama" and "Ramji" are different names referring to one and the same person.

941.odt For the reasons stated in the application, the application deserves to be allowed as the delay is not caused deliberately and intentionally. Hence, the delay is condoned. Abatement is set aside. Permission is granted to bring the legal representatives of deceased respondent No.1 - Shivaji on record. Necessary amendment be carried out in the cause title of appeal memo and other applications, within a period of two weeks from today. The civil application stands disposed of.

It is clarified that, if the amendment is not carried out within the stipulated period, then the appellant will require to deposit costs of Rs.2000/- with the High Court Legal Services Sub-Committee, Aurangabad.

[ SANJAY A. DESHMUKH, J. ] nga