1 80 ca.3492.24.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. 80 CIVIL APPLICATION NO. 3492 OF 2024 IN SA/1199/2005 MRS GITABAI AMRU RATHOD L.RS. SHANTABAI L.RS. SOMSINGH L.RS. HARIBHAU L.RS. KAMAL HARIBHAU AND ORS VERSUS SAKHARAM AMRU RATHOD AND ORS ... Advocate for Applicant : Mr. Abhijeet B. Bhagat, h/f Mr. A. S. Wavhale. ... WITH SECOND APPEAL NO. 1199 OF 2005 ... CORAM : SANJAY A. DESHMUKH, J. DATE : 24th August, 2026. P.C.: 1 This application is filed for condonation of delay, setting aside abatement and permission to bring the legal representatives of deceased appellant on record. 2 Heard the learned counsel for the applicants. Perused the application. There is delay of 1865 days caused in filing this application. 3 The learned counsel for the applicants submits that the delay is not deliberately caused. It is therefore, prayed to allow the application. 4 On perusal of the application, it appears that the delay is not deliberately caused. Therefore, to decide the lis finally on merits and in view of the law laid down by the Honourable Supreme Court in the case of M. D. A. Chaudhary Vs. Kartar Chand and Ors., 2 80 ca.3492.24.odt MANU/SC/0877/2025, the application deserves to be allowed, in the interest of justice, as the delay is not deliberately caused. 5 For the reasons stated in the application, the application deserves to be allowed as the delay is not caused deliberately and intentionally. Hence, the civil application is allowed in terms of prayer clauses (B) and (C). The delay is condoned. Abatement, if any, is set aside. Permission is granted to bring the legal representatives of deceased appellant on record. Necessary amendment be carried out, within a period of two weeks from today. The civil application stands disposed of. 6 List the second appeal on 8th September, 2026. [ SANJAY A. DESHMUKH, J. ] nga