26-IA-3443-2025 (C).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3443 OF 2025 IN SECOND APPEAL NO. 312 OF 1997 Shri Nivrutti Gopal Sawant(decd.thr.lrs) Daji Nivrutti Sawant And Ors ...Applicants VERSUS Shri. Rajaram Ganu Chavan ...Respondent Mr. Kayval P Shah (Through VC), Advocate for Applicant. Mr. G. H. Keluskar (Through VC) a/w. Mr. Ajay Parsekar, Advocate for respondent nos. 1 to 4. Coram : RAJESH S. PATIL, J. Date : AUGUST 27, 2026. P. C. : 1. The present Interim Application has been filed by the original appellant seeking condonation of delay of 25 years in bringing on record the legal heirs of the deceased sole appellant. I have heard the learned counsel for both the sides and, with their assistance, have gone through the contents of the Interim Application and the replies on record. 2. It is the case of the applicant that one of the legal heirs of the appellant, proposed appellant No.3, namely Hanmanta Nivruti Sawant, was addicted to alcohol. The said Hanmanta was looking after the legal matters, including the present proceedings, and due to his bad vices, adn 1 of 3 26-IA-3443-2025 (C).docx steps were not taken to bring on record the legal heirs of the sole appellant. 3. However, as a matter of record, the said Hanmanta has filed five Civil Applications during the last 25 years, which include an application for condonation of delay, an application for bringing on record the legal heirs of deceased respondent No.1, an application for injunction and an application for stay. While filing these applications, the said Hanmanta acted as if the Second Appeal had already been amended and he was on record in the Second Appeal. Even the Registry did not raise any objection to the said Hanmanta filing the Civil Applications. 4. It appears that there was an inadvertent error on the part of the applicant in not filing an application to bring on record the legal heirs of the sole appellant and thereafter filing the five Civil Applications as referred to in the earlier paragraph. 5. In my view, suffice would be the purpose if the present Civil Application is allowed, subject to the applicant paying costs. 6. The appellant, volunteers to pay costs of Rs.1,00,000/- to the respondents. The appellant is permitted to pay Rs.1,00,000/- to the respondents. The said amount shall be shared equally by the four respondents, at Rs.25,000/- each. The said costs shall be paid within a period of three weeks from today. adn 2 of 3 26-IA-3443-2025 (C).docx 7. Subject to payment of the costs, the Civil Application shall stand allowed in terms of prayer clauses (a), (b) and (c). 8. Upon payment of the costs and filing proof thereof in the Registry, the appellant shall be permitted to carry out the amendment within a period of two weeks thereafter. 9. The respondents are directed to furnish details of their respective bank accounts to the learned advocate appearing for the appellant within a period of two weeks from today. 10. List the Second Appeal on 8 October 2026. (RAJESH S. PATIL, J.) adn 3 of 3