( 1 ) 66 ca 9096.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 66 CIVIL APPLICATION NO. 9096 OF 2026 IN SA/251/1995 WITH CIVIL APPLICATION NO. 5232 OF 1998 IN SA/251/1995 WITH CIVIL APPLICATION NO. 4328 OF 1995 IN SA/251/1995 JAHURABEE JAHARALI ALIAS ZOHARA BI ZAHOOR ALI KAZI DIED THR LIYAKAT DIED THR AZHARALI AND OTHERS VERSUS RAHEMANKHA AMEENKHA PATHAN LRS AMEERBEE AND OTHERS ….. Advocate for Applicant : Mr. Temak Rahul Bhausaheb Advocate for Respondents : Mr. Girish Rane ….. CORAM : SANJAY A. DESHMUKH, J. DATE : 28.09.2026 P.C.:- 1. This is an application for condonation of delay of 456 days caused in filing the application for setting aside the abatement and for bringing the legal representatives of appellant no.1 on record. 2. Perused the application. Heard the learned advocates for both the sides 3. The learned advocate for the respondents strongly opposed the application and submitted that there is no sufficient cause to condone the 2026:BHC-AUG:44078 ( 2 ) 66 ca 9096.26 delay under Section 5 of the Limitation Act. He further submitted that, if this aspect is taken into consideration, the application deserves to be rejected. 4. On perusal of application and the grounds stated in the application, it appears that the delay has not been deliberately caused and the same deserves to be condoned, the delay of 456 days stands condoned. The application stands allowed in the interest of justice. Abatement is set aside and permission for bringing the legal representatives of appellant no.1 on record is granted. Amendment be carried out within two weeks from today. If the amendment is not carried out within two weeks, the applicants shall be liable to pay/deposit costs of Rs.2,000/- with the High Court Legal Services Sub-Committee, Aurangabad. 5. Place the appeal on 12.10.2026 at 10.30 a.m. first on board. [SANJAY A. DESHMUKH, J.] mubashir