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1994 DAILYLAW 745 (BOM)

VITHAL KISHAN BABRAS (L.RS.) PRADEEP VITTHALRAO BABRAS DIED THROUGH LRS JAYSHREE AND OTHERS v. SHRIKANT SAHEBRAO KADAM AND OTHERS

CA/209/2026 · 2026-08-25

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Judgment text

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sa21.94 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 920 SECOND APPEAL NO. 21 OF 1994 WITH CIVIL APPLICATION NO. 2966 OF 2003 WITH CIVIL APPLICATION NO. 9597 OF 2026 WITH CIVIL APPLICATION NO. 209 OF 2026 Vithal Kishan Babras (l.rs.) Pradeep And Others. VERSUS Shrikant Sahebrao Kadam And Another. ... Advocate for Appellant : Ms Sawari M. Patil h/f Mr. M M Patil Beedkar Advocate for the respondent Nos. 1 and 2: Mr. V.R. Dhorde Advocate for the respondent Nos. 3 to 5: Mr. Swapnil Patunkar i/b M/s. J.P. Legal Associates ….. CORAM : SANJAY A. DESHMUKH, J. DATED : 25th AUGUST, 2026 PER COURT :- 1. Civil Application No. 209 of 2026 has been filed seeking a direction to respondent No.1 to supply the details of deceased respondent No.1. In view of Civil Application No. 9597 of 2026, filed for bringing the legal representatives of deceased respondent No.1 on record, Civil Application No. 209 of 2026 has become infructuous. It is, accordingly, disposed of. 2. Civil Application No. 9597 of 2026 has been filed for condonation of delay of 502 days caused in filing the application for bringing the legal representatives of deceased respondent No.1 on record. sa21.94 -2- 3. Perused the application. Heard the learned advocates for the parties. The learned advocates for the respondents strongly opposed the application. However, considering the reasons stated in the application, the same deserves to be allowed in the interest of justice, as the delay does not appear to have been caused deliberately. The application is, therefore, allowed. The abatement is set aside. The legal representatives of deceased respondent No.1 be brought on record. Amendment be carried out within two weeks. 4. It is made clear that, if the amendment is not carried out within two weeks, the appellant shall deposit an amount of Rs.2,000/- with the Advocates’ Chambers Allottees Maintenance Co-operative Society, High Court Premises, Aurangabad. 5. If the amendment is carried out and copies thereof are supplied, issue notice to the respondents, returnable on 06.10.2026. (SANJAY A. DESHMUKH, J.) rlj/