1 sa428.2016 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C.A.S. NO.538/2021 IN SECOND APPEAL NO.428/2016 Bhimrao Vishwanathji Nagle ..V/s.. Smt. Shashikalabai Panjab Zode and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. S.W. Deshpande, Counsel for the appellant. CORAM : MRS. VRUSHALI V. JOSHI, J. DATED : 21.8.2026. This is an application for condonation of delay of 439 days, setting aside abatement and bringing on record the legal heirs of sole appellant. 2. The learned Counsel for the appellant has stated that when the common order was passed for filing of paper book and the notices were issued, at that time, the learned Counsel for the appellant received the notice and came to know that the appellant died on 7.1.2020. 3. Considering the Covid period and the reasons given by the appellant, delay of 439 days is condoned, abatement is set aside and the legal heirs of sole appellant are permitted to be brought on record subject to costs of Rs.10,000/- to be paid in Public Welfare Account maintained with Union Bank of India, High Court Branch, Civil Lines, Nagpur, bearing Account No. 129712010001014 and IFSC Code UBIN0812978 within two weeks. 4. After payment of costs, list the matter one week thereafter. (MRS. VRUSHALI V. JOSHI, J.) Tambaskar. 2026:BHC-NAG:10942 Signed by: MR. N.V. TAMBASKAR Designation: Senior Pvt. Secretary Date: 21/08/2026 18:21:47