49 - SA - 907 - 2017 (C).docx VRJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.907 OF 2017 Babu Dattu Gurav Since Deceased Through L.R. Anil Babu Gurav … Appellant V/s. Ganapati Bhau Gurav Since Deceased Through L. Rs. & Ors. … Respondents WITH INTERIM APPLICATION NO.12771 OF 2023 WITH CIVIL APPLICATION NO.1937 OF 2017 IN SECOND APPEAL NO.907 OF 2017 Babu Dattu Gurav Since Deceased Through L.R. Anil Babu Gurav Since Deceased Through L.R. Uma Anil Gurav … Applicants V/s. Ganapati Bhau Gurav Since Deceased Through L. Rs. & Ors. … Respondents Mr. Sagar A. Mane for the appellant. Mr. Soham Powar i/by Anand Patil for respondent Nos.1A to 1D and 2A to 2B. CORAM : MRS. VRUSHALI V. JOSHI, J. DATED : MARCH 24, 2026 1 VAIBHAV RAMESH JADHAV Digitally signed by VAIBHAV RAMESH JADHAV Date: 2026.03.24 16:56:09 +0530 49 - SA - 907 - 2017 (C).docx P.C.: INTERIM APPLICATION NO.12771 OF 2023 1. The applicants have filed the present application to bring themselves on record as the legal heirs of deceased sole appellant – Anil Babu Gurav, along with a prayer for setting aside the abatement and for condonation of delay in doing so. There is a delay of 1 year and 181 days in filing the present application. It is submitted that the appellant expired during the COVID period and the legal heirs were not aware of the pendency of the proceedings; hence, the delay. 2. Learned counsel for the respondents has opposed the application for setting aside the abatement on the ground that the delay is not satisfactorily explained. 3. I have heard learned counsel appearing for the respective parties. 4. For the reasons stated in the application, the delay of 1 year and 181 days is condoned. The abatement is set aside. The applicants are permitted to be brought on record as legal heirs of the deceased sole appellant. 5. Necessary amendment be carried out within a period of two weeks from today. 6. The applicants shall supply a fresh amended copy to the respondents. 2 49 - SA - 907 - 2017 (C).docx SECOND APPEAL NO.907 OF 2017 7. Issue notice to the respondents, returnable on 30th April 2026. (MRS. VRUSHALI V. JOSHI, J.) 3