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2025 DAILYLAW 4289 (BOM)

MANGESH LAXMANRAO PANDAV AND OTHERS v. OMKAR SRIRAM SIYALE AND OTHERS

CAW/1448/2026 · 2026-09-03

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Judgment text

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(1) 2.WP7864.2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAW) NO. 1448 OF 2026 AND CIVIL APPLICATION (CAW) NO. 1449 OF 2026 AND CIVIL APPLICATION (CAW) NO. 1450 OF 2026 IN WRIT PETITION NO. 7864 OF 2025 Mangesh Laxmanrao Pandav And Others VERSUS Omkar Sriram Siyale And Others --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms. G. K. Sharma, Advocate for the Petitioner(s). Ms. M.R. Kavimandan, AGP for the Respondent(s)/State. Ms. Anushree Pande, Advocate for the Respondent No. 2. CORAM : NANDESH S. DESHPANDE , J. DATE : SEPTEMBER 03, 2026. CIVIL APPLICATION (CAW) NO. 1448 OF 2026, CIVIL APPLICATION (CAW) NO. 1449 OF 2026, CIVIL APPLICATION (CAW) NO. 1450 OF 2026, 1. Vide Civil Application (CAW) No. 1450 of 2026, this is an application seeking setting aside abatement against the respondent No. 1. 2. Civil Application (CAW) No. 1449 of 2026 is an application for condonation of delay of 1321 days in filing the application. 3. Civil Application (CAW) No. 1448 of 2026 is an application seeking to bring the legal heirs of respondent No. 1 on record. 4. It is stated in the application and, more particularly, in Civil Application (CAW) No. 1449 of 2026, in paragraphs 5 to 8, that it was only when the notices issued by this Court in the matter came Shubham (2) 2.WP7864.2025 unserved with the postal endorsement that the petitioner gained knowledge of the said fact. However, the fact remains that there is substantial delay of 1321 days. The delay in filing the application for bringing the legal representatives on record is, therefore, condoned, subject to payment of costs of Rs. 5,000/- (Five Thousand Rupees) to the ‘Public Welfare Account’ bearing No. 129712010001014, IFSC Code UBIN0812978, Union Bank of India, Branch High Court, Civil Lines, Nagpur. 5. Payment of costs would be a condition precedent for carrying out the amendment with respect to the legal representatives. 6. All the civil applications are allowed. The amendment, as far as the legal representatives of respondent No. 1 is concerned, shall be carried out within two working weeks. 7. Ms. Anushree Pande waives service of the notice on behalf of the legal representatives of the respondent No.1. 8. Needless to mention that the said legal representatives would be entitled to file an affidavit-in-reply on merits of the matter. 9. Stand after 28.09.2026. (NANDESH S. DESHPANDE, J.) Shubham