( 1 ) 966 ca 11549.24 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 966 CIVIL APPLICATION NO. 11549 OF 2024 IN CA/15303/2019 WITH CIVIL APPLICATION NO. 15303 OF 2019 IN SAST/38959/2019 USHA TRIMBAK DESAI VERSUS MADHAV NARAYAN KURHE AND OTHERS ….. Advocate for Applicant : Mr. Kale Mahesh P. Advocate for Respondents : Mr. R.S. Patil h/f. Ramesh I. Wakade ….. CORAM : SANJAY A. DESHMUKH, J. DATE : 01.09.2026 P.C.:- Civil Application No. 15303 of 2019: 1. This is an application for condonation of delay of 175 days caused in filing the appeal. 2. Perused the application. Heard the learned advocate for applicant. 3. On perusal of the application, it appears that the delay has not been deliberately caused. Therefore, in the interest of justice, the delay deserves to be condoned. 2026:BHC-AUG:40172 ( 2 ) 966 ca 11549.24 4. For the reasons stated in the application, the delay stands condoned. The application stands allowed in the interest of justice. Appeal be registered. Civil Application No. 11549 of 2024: 5. This is an application for condonation of delay of 3332 days caused in filing the application for bringing the legal representatives of respondent no.3/2 on record and for setting aside the abatement 6. Perused the application. Heard the learned advocates for both the sides 7. The learned advocate for the respondents strongly opposed the application and submitted that delay has not been properly explained and therefore application deserves to be rejected. 8. The learned advocate for the applicant submits that respondent no.3/2 died during the pendency of the regular civil appeal in which respondent was appellant, however, he had not taken care to bring the legal representatives of respondent no.3/2 on record. 9. Considering the reasons stated in the application and the peculiar set of facts of the case and as per the law laid down by the Hon’ble Supreme ( 3 ) 966 ca 11549.24 Court in the case of M.D.A. Chaudhary v. Kartar Chand and Ors.; MANU/SC/0877/2025, to decide the lis finally on merit the application deserves to be allowed. In the interest of justice, the application is allowed. Abatement is set aside and permission for bringing the legal representatives of respondent no.3/2 on record is granted. Amendment be carried out within two weeks. Appeal: 10. Issue notice to the respondents. Learned advocate Mr. R.S. Patil h/f. Mr. Wakade for the respondents waives notice. 11. Learned advocate for the respondents Mr. R.S. Patil h/f. Mr. Wakade submits that in the execution proceedings the partition is effected. He orally submits to stay the execution proceedings pending before the Revenue Authorities. 12. Considering peculiar set of facts of the case and after hearing the learned advocate for the appellant, it would be proper to grant stay to the execution of impugned judgment and decree of the trial Court on a condition to hear and decide this appeal as expeditiously as possibly and in any case on or before 15.09.2026. ( 4 ) 966 ca 11549.24 13. Admission hearing of the appeal is expedited. 14. Legal representatives of respondent nos.1, 3 and 3/5 are already on record, therefore, it is not necessary to bring the legal representatives of respondent nos.1, 3 and 3/5 on record. The appellant is permitted to bracket said names only while carrying out the amendment. The same may be carried out within two weeks. 15. Parties to act upon an authenticated copy of this order. 16. Place the appeal for hearing on 15.09.2026. [SANJAY A. DESHMUKH, J.] mubashir