1 994-CA.3664-25 & ors.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 994 CIVIL APPLICATION NO. 3664 OF 2025 IN SA/790/2003 WITH CIVIL APPLICATION NO. 3672 OF 2025 IN SA/790/2003 WITH SECOND APPEAL NO. 790 OF 2003 WITH CIVIL APPLICATION NO. 3674 OF 2025 IN SA/790/2003 WITH CIVIL APPLICATION NO. 3670 OF 2025 IN SA/790/2003 LAXMAN RAMCHANDRA THORAT DECEASED L.RS. SUGANDHABAI L.RS. VIJAY AND OTHERS VERSUS SAVITRABAI DATTATRAYA THORAT L.RS. BHAUSAHEB AND ORS ... Advocate for Applicant : Mr. A. D. Sonkawade h/f Mr. Hon Ashwin Vinayak. Advocate for respective Respondents : Mr. S. S. Shete. Advocate for respective Respondents : Mr. Jadhav Kailas B. ... CORAM : SHAILESH P. BRAHME, J. DATE : 25.07.2025 PER COURT :- 1. Heard both sides. 2. Civil Application No.3670 of 2025 is for condonation of delay, setting aside abatement and bringing heirs of applicant No.1-C Subhash Laxman Thorat on record. 3. Second appeal is admitted and yet to be heard finally. It is emanating from suit for partition, possession and injunction. The cause of action survives against heirs of deceased/ applicant No.1C. 2 994-CA.3664-25 & ors.odt 4. For the reasons stated in the application, delay deserves to be condoned. 5. Civil Application No.3670 of 2025 is allowed in terms of prayer clause “A”. 6. List Civil Application No.3674 of 2025 on 14.08.2025. In Civil Application No.3664 of 2025 7. Present application is for condonation of delay, setting aside abatement and bringing heirs of Respondent No.7 Sakhubai Thorat. It is contended that respondent No.6 Nanasaheb Thorat is her legal heir. He also passed away. Therefore, 6A to 6C can be treated to be her legal heirs. 8. For the reasons stated in the application, I find that respondent Nos.6A to 6C can be treated to be legal heirs of respondent No.7. The cause of action survives against them. Hence, Civil Application No.3664 of 2025 is allowed in terms of prayer clauses “A” to “C”. (SHAILESH P. BRAHME, J.) ... vmk/-