1001 SA NO. 80 OF 2023.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 1001 SECOND APPEAL NO. 80 OF 2023 Godawaribai Devidasrao Patil VERSUS Madhavi Mallikarjun Ade (died) Through Lrs. ... Mr. Patil Indrale Anand Vinayakrao, Advocate for Appellant Mr. Rahul R. Deshmukh, Advocate for Respondent No. 1/5 WITH SECOND APPEAL NO. 121 OF 2014WITH CIVIL APPLICATION NO. 7765 OF 2025 IN SA/80/2023WITH CIVIL APPLICATION NO. 3445 OF 2024 IN SA/80/2023WITH CIVIL APPLICATION NO. 3358 OF 2024 IN SA/80/2023WITH SECOND APPEAL NO. 120 OF 2014WITH SECOND APPEAL NO. 7 OF 2015 …. CORAM : SANJAY A. DESHMUKH, J. DATE : 28.08.2026 PER COURT :- CIVIL APPLICATION NO. 3445 OF 2024 IN SA/80/2023 1. Heard learned Advocates for both sides. 2. This is an application for condonation of 297 days delay caused in filing the Civil Application for bringing the legal representatives of deceased Appellant No.2 on record as well as for setting aside abatement and permission to bring the L.Rs. of deceased Appellant No.2 on record. 3. Learned Advocate for the respondents strongly opposed the application. 1 of 3 (( 2 )) 1001 SA NO. 80 OF 2023 4. Perused the application. Considering the reasons stated therein and the fact that the Applicants seek to bring the legal representatives of the deceased Appellant No.2 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. In view of the facts and circumstances of the present case, 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 297 days caused in filing the Civil Application for bringing the legal representatives of Appellant No.2 on record is condoned. c. The abatement is set aside. d. Permission to bring the legal representatives of of deceased Appellant No.2 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. 2 of 3 (( 3 )) 1001 SA NO. 80 OF 2023 CIVIL APPLICATION NO. 7765 OF 2025 IN SA/80/2023 1. This is an application for fixing the appeal for final hearing. 2. Perused the application. For the reasons stated therein, the application is allowed and disposed of. 3. Fix Second Appeal No.80 of 2023 along with the connected Appeals for final hearing on 11.09.2026 at 02:30 p.m. high on board. [ SANJAY A. DESHMUKH, J. ] HRJadhav 3 of 3