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2026 DAILYLAW 12896 (BOM)

HARJEET SINGH KALYAN SINGH MARWA AND OTHERS v. KASHINATH S/O BALIRAM SAMRIT AND OTHERS

CAS/645/2025 · 2026-09-29

Civil Appealbody2026

Judgment text

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1 sa299.2015 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C.A.S. NO.645/2025 IN SECOND APPEAL NO.299/2015 Harjeet Singh Kalyan Singh through L.Rs. Narinderpal Singh S/o Harjeet Singh Marwah and others ..V/s.. Kashinath S/o Baliram Samrit through L.Rs. Digambar Kashinath Samrit 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. A.A. Shukla, Counsel for the appellants. Mr. M.B. Naidu, Counsel for respondent No.1. Mr. S.S. Rao, Counsel for respondent Nos.1(e and g). CORAM : MRS. VRUSHALI V. JOSHI, J. DATED : 29.9.2026. The applicants have filed this application for condonation of delay, setting aside abatement and bringing legal heirs of respondent No.6 on record. 2. The appellants came to know about the death of respondent No.6 at a belated stage. Thereafter, they took search of the legal heirs. The Court asked the other respondents, who happens to be the brothers of respondent No.6 to give the details of legal heirs of respondent No.6 and thereafter steps were taken and the application was filed. Though the legal heirs are served nobody appears for the legal heirs. The delay of 3168 days is condoned subject to costs of Rs.10,000/- to be deposited with 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. The appellants are permitted to bring on record legal 2026:BHC-NAG:13025 2 sa299.2015 heirs of respondent No.6. Amendment be carried out within two weeks. Application is allowed and disposed of. 3. After carrying out amendment, issue notice to the legal heirs of respondent No.6 of second appeal, returnable after four weeks. (MRS. VRUSHALI V. JOSHI, J.) Tambaskar. Signed by: MR. N.V. TAMBASKAR Designation: Senior Pvt. Secretary Date: 01/10/2026 10:55:15