Smt. Jaywantabai Pundlik Thorat v. Shri Ashok Khanderao Waghchaure

26-IA-1598-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1598 OF 2026 WITH CIVIL APPLICATION NO.45 OF 2020 IN SECOND APPEAL NO. 62 OF 2020 WITH SECOND APPEAL NO. 62 OF 2020 Jaywantabi Pundlik Thorat & Ors.

... Applicants/ Appellants

Versus

Ashok Khanderao Waghchaure & Ors.

...Respondents

WITH SECOND APPEAL NO. 131 OF 2020 WITH CIVIL APPLICATION NO.119 OF 2020 IN SECOND APPEAL NO. 131 OF 2020 Popat Savaliram Thorat (Since deceased through Legal Heirs) 1-A to 1-D & Ors.

... Applicants/ Appellants

Versus

Ashok Khanderao Waghchaure & Ors.

...Respondents

------ Ms. Rukmini Khairnar i/b Mr. P. N. Joshi for the Applicants in IA/1598/2026 / Appellants in SA/62/2020 Mr. Pandit Kasar for the Appellant in SA/131/2020 ------ CORAM : SHARMILA U. DESHMUKH, J.

DATE : MARCH 4, 2026 SQ Pathan 1/2

26-IA-1598-2026.doc P. C. :

1.

The Interim Application No. 1598/2026 has been preferred for bringing on record the legal heirs of the deceased-Respondent No.1 and for setting aside abatement and condoning the delay. 2.

This Court is informed that in the connected Second Appeal No. 131/2020, the legal heirs of the original Plaintiff have already been brought on record and appearance has been caused on behalf of the legal heirs.

3.

In view thereof, the Interim Application No. 1598/2026 is allowed. The abatement is set-aside and the delay stands condoned. Amendment to be carried out within a period of two weeks. Reverification dispensed with. 4.

Interim Application No. 1598/2026 is disposed of. 5.

List the Second Appeal and the pending Applications for admission on 26th March 2026.

[SHARMILA U. DESHMUKH, J.] SQ Pathan 2/2