958 CA NO. 11354 OF 2026.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 958 CIVIL APPLICATION NO. 11354 OF 2026 IN SA/583/2007 1.sopan Gopal Chaudhari Died Thr Lrs 1a.shobhna And Others VERSUS Madhavrao G. Chaudhari Died Thr 1a Indumati Died 1b Kundan Died 1c Alka Died 1d Pratibha And Another ... Mr. Govind Omprakash Wattamwar, Advocate for Applicant Mr. Subedh Shah h/f Mr. P. S. Shendurnikar, Advocate for Respondents WITH SECOND APPEAL NO. 583 OF 2007 …. CORAM : SANJAY A. DESHMUKH, J. DATE : 30.09.2026 PER COURT :- CIVIL APPLICATION NO. 11354 OF 2026 1. Heard learned Advocates for both sides. 2. This is an application for condonation of 3005 days delay caused in filing the Civil Application for bringing the legal representatives of deceased Applicant (i.e., Respondent No.1 in Second Appeal) on record as well as for setting aside abatement and permission to bring the L.Rs. of deceased Respondent No.1 on record. 3. Learned Advocates for the respondents strongly opposed the application. 1 of 3 (( 2 )) 958 CA NO. 11354 OF 2026 4. Perused the application. Considering the reasons stated therein and the law laid down by the Hon’ble Supreme Court in the case of Collector, Land Acquisition, Anantnag Vs. Katiji, 1987 AIR (SC) 1353, in which it is held that expression “sufficient cause” under Section 5 of the Limitation Act 1963, is required to be construed liberally and in a manner that enables the Court to advance substantial justice by deciding matters on merits. The Court further held that the expression “every day’s delay must be explained” does not warrant a pedantic approach and that the principles of limitation should be applied in a rational, common-sense and pragmatic manner. Where substantial justice and technical considerations are pitted against each other, the cause of substantial justice deserves to be preferred. In view of the facts and circumstances of the present case, the application deserves to be allowed in the interest of justice, as the delay has not been deliberately caused. Hence, the following order: ::ORDER:: a. The application is allowed. b. The delay of 3005 days caused in filing the Civil Application for bringing the legal representatives of Respondent No.1 on record is 2 of 3 (( 3 )) 958 CA NO. 11354 OF 2026 condoned. c. The abatement is set aside. d. Permission to bring the legal representatives of of deceased Respondent No.1 on record is granted. The amendment be carried out within a period of two weeks from today. If the amendment is not carried out within the stipulated period, the Appellant shall be liable to pay costs of Rs.2,000/- to the office of the High Court Legal Services Sub-Committee, Aurangabad. . List the Appeal on 14.10.2026. [ SANJAY A. DESHMUKH, J. ] HRJadhav 3 of 3