Dnyaneshwar S/O Balaji Karadmare v. Namdeo S/O Laxman Raut

910cas623 and 624.2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO. 623 AND 624 OF 2026 IN SECOND APPEAL NO. 222 OF 2023 Dnyaneshwar s/o Balaji Karadmare Vs Namdeo s/o Laxman Raut Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mrs Smita Deshpande, counsel for applicant/appellant. Mr. V.D. Muley, counsel for non-applicant.

CORAM

: Y.G. KHOBRAGADE, J DATE : 12/06/2026 1.

Heard learned counsel appearing for the applicant and learned counsel appearing for the non-applicant. 2.

By these applications, the applicant, being the sole legal heir of the deceased appellant, seeks condonation of delay in filing the application for bringing the legal representative on record and setting aside the abatement of the appeal. 3.

Considering the nature of the dispute involved in the second appeal and that the cause of action survives, the delay of 11 days caused in filing the application for bringing the legal heir on record is hereby condoned on the grounds set out in the application. Further, the abatement is set aside and the applicant is permitted to bring his name on record.

4.

In view of the above, both these applications stand disposed of.

rkn

910cas623 and 624.2026.odt 5.

Necessary amendment be carried out within a period of two weeks from today.

(Y.G. KHOBRAGADE, J.) rkn