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2026 DAILYLAW 10172 (BOM)

SHRIDHAR SHAHAJI GADHEKAR THROUGH LRS NATHA SHRIDHAR GADHEKAR AND OTHERS v. GOVINDSINGH JAGANNATHSINGH NAIK AND OTHERS

CA/10648/2026 · 2026-09-11

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Judgment text

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1 969-ca-10648-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO. 10648 OF 2026 IN WP/3420/2017 Shridhar Shahaji Gadhekar Through Lrs Natha Shridhar Gadhekar And Others VERSUS Govindsingh Jagannathsingh Naik And Others ... Advocate for Applicant : Mr. Vijay Ramrao Langhe Advocate for Respondent No.7 : Mr. A.D. Kasliwal ... CORAM : ROHIT W. JOSHI, J. DATED : SEPTEMBER 11, 2026 P.C.: 1. This is an application for bringing legal heirs of petitioner no.7 on record along with prayer for condonation of delay and setting aside abatement of the petitioner against petitioner no.7. The petition arises out of civil suit which is pending between the parties since the year 2011. 2. Present petition is filed in the year 2017. Petitioner No.7 expired on 08.02.2024. It is stated in the application that with passage of time, there was a communication gap between the petitioners and advocate representing them. It is also stated that the petitioners were not aware of the legal procedure relating to bringing of legal heirs on record. 3. Having regard to the fact that the petitioners are litigating bona fide since the year 2011, as also accepting the contention that 2026:BHC-AUG:42681 2 969-ca-10648-2026.odt over a period of seven years from the date of filing of petition till the demise of petitioner no.7, there may be a communication gap between the advocate and litigants, the application is allowed. 4. However, having regard to the delay caused, cost of Rs.2,000/- are imposed on the petitioners to be paid to the plaintiff. 5. List writ petition for final hearing at admission stage on 07.10.2026. [ROHIT W. JOSHI J.] Mujaheed//