104 FA 1102 OF 2024.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION 104 INTERIM APPLICATION NO. 12222 OF 2024 IN FIRST APPEAL NO. 1102 OF 2024 P. J. AND SONS THROUGH ITS KARTA PARTIOSH PRITHVIRAJ OSWAL VERSUS M/S. RISHABH SHARE DEAL PVT. LTD. THROUGH ITS MANAGING DIRECTOR AND ORS. ... None Present ... CORAM : SHAILESH P. BRAHME, J. DATE : 28.09.2026 PER COURT : Heard. 2. The applicant seeks to condone delay of one year and 34 days in preferring application for setting aside abatement and bringing heirs of respondent no. 2 on record. 3. Though served, none appears for heirs of respondent no. 2. 4. The averments of the application for condonation of delay have not been controverted. There is no reason to infer any oblique motive on the part of the applicant in preferring the appeal belatedly. The cause of action survives as against heirs of respondent no. 2. 5. The delay stands condoned, abatement is set aside. Leave is granted to bring heirs on record. Both parties shall be at liberty to amend the memo. ( SHAILESH P. BRAHME, J.) mkd/- 1/1