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2026 DAILYLAW 12325 (BOM)

SHIRISH S/O JAGATSINGH JAKHAD AND OTHERS v. SAU NIRMALABAI BHIMRAO NITANWAR

CAS/833/2024 · 2026-09-28

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Judgment text

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1 / 2 17-cas 833-24 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.833 OF 2024 IN SECOND APPEAL NO. 278 OF 2021 Shirish Jagatsingh Jakhad and ors. Vs. Nirmalabai Bhimrao Nitanwar ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ---------------------------------------------------------------------------------------------- Mr.S.Y.Dhunedar counsel h/f Mr. P.R.Agrawal, counsel for the applicants. CORAM : MRS. VRUSHALI V. JOSHI, J. DATE : 28/09/2026 1. This is an application seeking condonation of delay in bringing the legal heirs of the respondent on record and for setting aside the abatement. 2. There is a delay of 67 days. The appellants inadvertently failed to inform the learned counsel about the death of respondent within the prescribed period of limitation, resulting in the delay of 67 days. 3. Considering the reasons stated in the application, the application is allowed. The delay of 67 days is hereby condoned and the abatement is set aside. 4. The appellants are permitted to bring the legal heirs of the respondent on record. Necessary amendment be carried out within a period of two weeks. Kavita 2 / 2 17-cas 833-24 5. Civil application stands disposed of. CIVIL APPLICATION (CAS) NO.832 OF 2024 Issue notice to the legal heirs of respondent, returnable on 19/10/2026. JUDGE Kavita Signed by: Kavita P Tayade Designation: PS To Honourable Judge Date: 29/09/2026 18:44:54