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2026 DAILYLAW 12310 (BOM)

DOMA VITHAL @ VITHU PATIL v. PUSHPAKUMAR S/O UDHAV PATIL AND OTHERS

CAS/1354/2026 · 2026-09-29

Civil Appealbody2026

Judgment text

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1 cas1354.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C.A.S NOS.1354/2026 AND 1355/2026 IN SECOND APPEAL NO.184/2022 Doma Vithal @ Vithu Patil through L.Rs. Kamlabai Wd/o Domaji Patil and others ..V/s.. Pushpakumar S/o Udhav Patil and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Deoul Pathak, Counsel for the appellants. Mr. Y.R. Kinkhede, Counsel for respondent Nos.1 to 3. Mr. A.A. Vishnu, Counsel h/f. Mr. Shrikant Deo, Counsel for respondent No.7. CORAM : MRS. VRUSHALI V. JOSHI, J. DATED : 29.9.2026. Heard. 2. The applicants, who are the legal heirs of sole appellant, have filed these applications for condonation of delay, setting aside abatement and bringing on record legal heirs of sole appellant. 3. The learned Counsel for the applicants has stated that he was not aware about the death of the appellant, from the learned Counsel for the non-applicants he came to know about the same and the legal heirs of sole appellant were not knowing about the proceedings before this Court. Considering the reasons given in the applications, delay of 455 days is condoned subject to depositing costs of Rs.10,000/- with the Public Welfare Account maintained with Union Bank of India, High Court Branch, Civil Lines, Nagpur, bearing Account No. 129712010001014 and IFSC Code UBIN0812978. The abatement is set aside and legal heirs of sole appellant are permitted to be brought on record. The 026:BHC-NAG:4 2 cas1354.2026 applicants to carry out the amendment within a period of four weeks. The applications are allowed and disposed of. SECOND APPEAL NO.184/2022 4. Stand over to 01.10.2026. (MRS. VRUSHALI V. JOSHI, J.) Tambaskar. Signed by: MR. N.V. TAMBASKAR Designation: Senior Pvt. Secretary Date: 29/09/2026 18:40:27