Sonali Mane 13-IA-7514-2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 7514 OF 2026 WITH INTERIM APPLICATION NO. 7512 OF 2026 (NOB) IN SECOND APPEAL NO. 646 OF 2017 Smt.Fatimabai Kasam Fakir (Decd.) Thr. Lrs. Khurshid Hamid Shaikh & Ors. … Applicants IN THE MATTER BETWEEN Smt.Fatimabai Kasam Fakir (Decd.) Thr. Lrs. Khurshid Hamid Shaikh & Ors. … Appellants Versus The Collector Pune & Ors. … Respondents Ms. Priyanka Bhoite a/w Mr. Rushikesh S. Kekane i/b Mr. A. S. Naikare for Appellant/Applicants. Mr. D. D. Shinde for Respondent No.4. CORAM : SANDEEP V. MARNE, J. DATE : 1 OCTOBER 2026. P.C. : 1) The Interim Application is filed for restoration of the Appeal, which is dismissed for failure to file the private paper book within the permissible period. The learned counsel appearing for the Applicants ___Page No. 1 of 2 ___ 1 October, 2026 MANE SONALI DILIP Digitally signed by MANE SONALI DILIP Date: 2026.10.05 11:07:05 +0530 Sonali Mane 13-IA-7514-2026.docx submits that the private paper book was attempted to be uploaded, but there was one day delay in uploading the same. 2) Considering this position, I deem it appropriate to recall the order of dismissal of Second Appeal. Second Appeal is accordingly restored. Interim Application is disposed of. 3) Interim Application No. 7512 of 2026 is filed to bring on record legal heirs of the sole Appellant, who has passed away during pendency of the Appeal. For the reasons indicated in the Appeal and with the view to provide an opportunity to the legal heirs of the Appellant to prosecute the Appeal on merits, I deem it appropriate to set aside the abatement and to permit the legal heirs of the Appellant to be brought on record. Interim Application is accordingly allowed. The legal heirs of the deceased Appellant are permitted to be brought on record. Necessary amendment to be carried out within a period of three weeks. 4) The Interim order granted on 20 July 2017 shall continue to operate during pendency of the Appeal. 5) Both the Interim Applications are accordingly disposed of. [SANDEEP V. MARNE, J.] ___Page No. 2 of 2 ___ 1 October, 2026