24-3287-19-ia.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR INTERIM APPLICATION NO. 3287 OF 2019 IN SECOND APPEAL NO. 222 OF 2005 Dattu Maruti Mali(decd. Thr.lrs) Mrs. Shalan Dattatray Mali And Anr. Vs. Shankar Kondi Sutar(since Decd. Thr. Lrs) Pandit Kondi Sutar And Ors WITH INTERIM APPLICATION NO. 3289 OF 2019 IN SECOND APPEAL NO. 222 OF 2005 Dattu Maruti Mali(decd. Thr. lrs) Mrs. Shalan Dattatray Mali And Anr. Vs. Shankar Kondi Sutar(since Decd. Thr. Lrs) Pandit Kondi Sutar And Ors WITH INTERIM APPLICATION NO. 3356 OF 2019 IN SECOND APPEAL NO. 222 OF 2005 Dattu Maruti Mali(since Decd. Thr. Lrs) Mrs. Shalan Dattatray Mali And Anr. Vs. Shankar Kondi Sutar (since Decd. Thr. Lrs) Pandit Kondi Surat And Ors. WITH INTERIM APPLICATION (STAMP) NO. 10820 OF 2024 IN SECOND APPEAL NO. 222 OF 2005 1 of 5 Iresh IRESH MASHAL Digitally signed by IRESH MASHAL Date: 2026.08.17 19:00:11 +0530 24-3287-19-ia.doc Dattu Maruti Mali Vs. Shankar Kondi Sutar And Ors WITH INTERIM APPLICATION (STAMP) NO. 15590 OF 2024 IN SECOND APPEAL NO. 222 OF 2005 Dattu Maruti Mali Vs. Shankar Kondi Sutar And Ors Mr. N. J. Patil, advocate for the Applicant Mr. Umesh Mankapure a/w Mr. Benazir Janardan, advocate for Respondents CORAM : RAJESH S. PATIL, J. DATE : 14 AUGUST 2026 P. C. : INTERIM APPLICATION NO. 3287 OF 2019: 1. This Application has been filed for setting aside the abatement order dated 22 August 2019. There is a delay of 69 days in filing the Application. 2. Heard learned counsel for the Applicant and I have gone through the contents of the Interim Application. 3. For the reasons mentioned in the Application, I am satisfied that the case is made out to allow this Interim Application. 4. Interim Application is allowed in terms of prayer clause (b). 2 of 5 24-3287-19-ia.doc INTERIM APPLICATION NO. 3289 OF 2019: 5. This Application has been filed to bring on record legal heirs of deceased Respondent No. 1 on record. There is delay of 1136 days in filing the Application. 6. Learned Advocate Mr. Mankapure appears for legal heirs of deceased Respondent No. 1. He submits that he has no objection if the Interim Application is allowed. 7. In view of the statement made by Mr. Mankapure, this Interim Application is allowed in terms of prayer clauses (b) and (c). 8. Abatement of the Second Appeal is set aside. 9. Amendment to be carried out within two weeks from today. INTERIM APPLICATION NO. 3356 OF 2019: 10. This Application has been filed to bring on record legal heirs of deceased Respondent No. 3 on record. There is delay of 12 year and 126 days in filing the Application. 11. Learned Advocate Mr. Mankapure appears for legal heirs of deceased Respondent No. 3. He submits that he has no objection if the Interim Application is allowed. 12. In view of the statement made by Mr. Mankapure, this Interim 3 of 5 Iresh 24-3287-19-ia.doc Application is allowed in terms of prayer clauses (b) and (c). 13. Abatement of the Second Appeal is set aside. 14. Amendment to be carried out within two weeks from today. INTERIM APPLICATION (STAMP) NO. 10820 OF 2024: 15. This Application has been filed to bring on record legal heirs of deceased Respondent No. 4 on record. There is delay of 2609 days in filing the Application. 16. Learned Advocate Mr. Mankapure appears for legal heirs of deceased Respondent No. 4. He submits that he has no objection if the Interim Application is allowed. 17. In view of the statement made by Mr. Mankapure, this Interim Application is allowed in terms of prayer clauses (b), (c) and (d). 18. Abatement of the Second Appeal is set aside. 19. Amendment to be carried out within two weeks from today. INTERIM APPLICATION (STAMP) NO. 15590 OF 2024: 20. This Application has been filed to bring on record legal heirs of deceased Respondent No. 3 on record. There is delay of 6074 days in filing the Application. 21. Learned Advocate Mr. Mankapure appears for legal heirs of deceased Respondent No. 3. He submits that he has no objection if 4 of 5 24-3287-19-ia.doc the Interim Application is allowed. 22. In view of the statement made by Mr. Mankapure, this Interim Application is allowed in terms of prayer clauses (b), (c) and (d). 23. Abatement of the Second Appeal is set aside. 24. Amendment to be carried out within two weeks from today. [RAJESH S. PATIL, J.] 5 of 5 Iresh