961 CA NO. 3278 OF 2026.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 961 CIVIL APPLICATION NO. 3278 OF 2026 IN SA/293/2022 Gynarao Pundlikrao Jadhav Dead Thr Lrs Vipin Gyanrao Jadhav And Others VERSUS Rukminbai Namdeorao Jadhav Died Through Lrs And Others ... Ms. Prajakta P. Deshmukh h/f Mr. Milind Madhukar Patil, Advocate for Applicant Mr. Gopal D. Kale, Advocate for Respondent No.5 in SA WITH CIVIL APPLICATION NO. 3279 OF 2026 IN SA/293/2022WITH SECOND APPEAL NO. 293 OF 2022 …. CORAM : SANJAY A. DESHMUKH, J. DATE : 23.09.2026 PER COURT :- CIVIL APPLICATION NO. 3278 OF 2026 1. Heard learned Advocates for both sides. 2. This is an application for condonation of 284 days delay caused in filing the Civil Application for bringing the legal representatives of deceased Respondent No.6 on record and 224 days delay caused in setting aside the abatement and permission to bring the L.Rs. of deceased Respondent No.6 on record. 3. Learned Advocates for the respondents strongly opposed the application. 1 of 3 (( 2 )) 961 CA NO. 3278 OF 2026 4. Perused the application. Considering the reasons stated therein and the fact that the Applicants seek to bring the legal representatives of the deceased Respondent No.6 on record so as to enable this Court to decide the lis finally on merits, the delay deserves to be condoned as it is not deliberately caused. It is well settled that, while considering an application for setting aside abatement, the Courts are required to adopt a liberal approach, as laid down by the Hon'ble Supreme Court in the case of Perumon Bhagvathy Devaswom v. Bhargavi Amma (Dead) by LRs., (2008) 8 SCC 321. In view of the facts and circumstances of the present case, the application deserves to be allowed in the interest of justice. Hence, the following order: ::ORDER:: a. The application is allowed. b. The delay of 284 days caused in filing the Civil Application for bringing the legal representatives of Respondent No.6 on record and the delay of 224 days delay caused in setting aside the abatement are condoned. c. The abatement is set aside. d. Permission to bring the legal representatives of of deceased Respondent No.6 on record is granted. The amendment be carried out within a period of two weeks from today. If the amendment is not carried 2 of 3 (( 3 )) 961 CA NO. 3278 OF 2026 out within the stipulated period, the applicants shall be liable to pay costs of Rs.2,000/- to the Advocates’ Chambers Allottees Maintenance Co-operative Society, High Court Premises, Chhatrapati Sambhajinagar. . Stand over to 28.10.2026. [ SANJAY A. DESHMUKH, J. ] HRJadhav 3 of 3