RUPABAI PEERAJI JAGTAP L.RS. SARUBAI DEORAO GALPHADE AND OTHERS v. RABIYABI AHMED MOHIUDDIN L.RS. PASHA AHMED MOHIYODDIN AND OTHERS
CA/3457/2024 · 2026-08-20
body1992
DailyLaw.ai
[ 1992 DAILYLAW 607 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 1992 DAILYLAW 607 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 1 ) 912 sa 589.92 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 912 SECOND APPEAL NO. 589 OF 1992 WITH CIVIL APPLICATION NO. 9572 OF 2022 IN CA/10248/2004 WITH CIVIL APPLICATION NO. 3457 OF 2024 IN X-OBJ/72/2022 RABIYABEE AHEMAD MOHIODDIN. VERSUS RUPABAI PIRAJI JAGTAP AND OTHERS. ….. Advocate for Appellant : Mr. Godhamgaonkar P.G. Advocate for Respondents : Mr. S. S Choudhari ….. CORAM :
SANJAY A. DESHMUKH, J.
DATE : 20.08.2026 P.C.:- Civil Application No. 9572 of 2022:
1. This is an application for condonation of delay of 5737 days caused in filing the application for setting aside the abatement and for bringing the legal representatives of appellant on record. 2. Perused the application. Heard the learned advocates for both the sides
3. The learned advocate for the respondent strongly opposed the application. 2026:BHC-AUG:38038
( 2 ) 912 sa 589.92
4. No doubt, a delay of 5,737 days cannot be condoned unless it is sufficiently explained by demonstrating sufficient cause, as contemplated under Section 5 of the Limitation Act. 5. On perusal of application and the grounds stated in the application, it appears that the delay has not been deliberately caused and the same deserves to be condoned, the delay of 5737 days stands condoned. The application stands allowed in the interest of justice. Abatement is set aside and permission for bringing the legal representatives of appellant on record is granted. Amendment be carried out within one week. Civil Application No. 3457 of 2024:
6. This is an application for condonation of delay of 322 days caused in filing the application for setting aside the abatement and for bringing the legal representatives of applicant no.8B on record. 7. Perused the application. Heard the learned advocates for both the sides
8. The learned advocate for the respondent strongly opposed the application and submitted that there is no sufficient cause to condone the delay under Section 5 of the Limitation Act. He further submitted that, if this
( 3 ) 912 sa 589.92 aspect is taken into consideration, the application deserves to be rejected. 9. On perusal of application and the grounds stated in the application, it appears that the delay has not been deliberately caused and the same deserves to be condoned, the delay of 322 days stands condoned. The application stands allowed in the interest of justice.
Abatement is set aside and permission for bringing the legal representatives of applicant no.8B on record is granted. Amendment be carried out within one week Appeal:
10. Place the appeal on 04.09.2026 at 02.30 p.m.
[SANJAY A. DESHMUKH, J.]
mubashir