933 SA NO. 96 OF 2003.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 933 SECOND APPEAL NO. 96 OF 2003 Ankush Ganpatrao Penak And Ors. VERSUS Bhalchandra And Ors. ... Mr. D N Suryawanshi, ., Advocate for Appellant Ms. Pedgaonkar Anagha N., Advocate for Respondent Nos.1 to 4 WITH CIVIL APPLICATION NO. 9671 OF 2026 IN SA/96/2003WITH CIVIL APPLICATION NO. 3277 OF 2026 IN SA/96/2003WITH CIVIL APPLICATION NO. 1385 OF 2003 IN SA/96/2003 CORAM : SANJAY A. DESHMUKH, J. DATE : 28.08.2026 PER COURT :- CIVIL APPLICATION NO. 9671 OF 2026 IN SA/96/2003 1. Heard learned Advocates for both sides. 2. This is an application for condonation of 265 days delay caused in filing the Civil Application for bringing the legal representatives of deceased Respondent No.1 on record as well as for setting aside abatement and permission to bring the L.Rs. of deceased Respondent No.1 on record. 3. Learned Advocate for the respondents strongly opposed the application. 4. Perused the application. Considering the reasons stated therein and the fact that the Applicants seek to bring the 1 of 2 (( 2 )) 933 SA NO. 96 OF 2003 legal representatives of the deceased Respondent No.1 on record so as to enable this Court to decide the lis finally on merits, the delay deserves to be condoned as it is not deliberately caused. Therefore, the application deserves to be allowed in the interest of justice. Hence, the following order: ::ORDER:: a. The application is allowed. b. The delay of 265 days caused in filing the Civil Application for bringing the legal representatives of Respondent No.1 on record is condoned. c. The abatement is set aside. d. Permission to bring the legal representatives of of deceased Respondent No.1 on record is granted. The amendment be carried out within a period of two weeks from today. If the amendment is not carried out within the stipulated period, the applicants shall be liable to pay costs of Rs.2,000/- to the Advocates’ Chambers Allottees Maintenance Co-operative Society, High Court Premises, Chhatrapati Sambhajinagar. . List the matters on 11.09.2026. [ SANJAY A. DESHMUKH, J. ] HRJadhav 2 of 2