15-IA-1630-2022=.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1630 OF 2022 IN WRIT PETITION NO. 4257 OF 2001 Abaji Dnyanu Nikam Decd. Thr. Lhrs Indira Abaji Nikam … Applicant Vs. Sou. Jaya Vasantrao Kshirsagar … Respondent …………. Mr. Viraj P. Dhumal i/b Sharad T. Bhosale for the Applicant for the Respondent …………. CORAM : SHAILESH P. BRAHME, J. DATE : 23rd SEPTEMBER, 2026. P. C. : I. A.NO. 1630 OF 2022 . Heard. 2. The applicant seeks to condone the delay of 399 days in setting aside abatement and bringing heirs of deceased applicant on record. 3. The cause of action survives as against the heirs of the deceased applicant. There are no mala fides on the part of the applicant in causing delay in taking steps. 4. The delay stands condoned, abatement is set aside and leave is granted to bring the heirs of the deceased on record. Uday S. Jagtap 1 of 2 UDAY SHIVAJI JAGTAP Digitally signed by UDAY SHIVAJI JAGTAP Date: 2026.09.24 17:55:44 +0530 15-IA-1630-2022=.doc WRIT PETITION NO. 4257 of 2001 5. Reissue notice to the sole respondent on the fresh address to be submitted by the applicant, returnable on 21.10.2026. ( SHAILESH P. BRAHME, J. ) Uday S. Jagtap 2 of 2