1 cas1156.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C.A.S. NO.1156/2026 IN SECOND APPEAL NO.203/2024 Haji Saifuddin Mohammad Husain through L.Rs. Jubeda Ajgar Ali and others ..V/s.. Bajranglal Chhotelal Varma - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.R. Sayare, Counsel h/f. Ms. S.W. Deshpande, Counsel for the applicants. Mr. Y.S. Nikam, Counsel h/f. Mr. N.B. Bargat, Counsel for the non-applicant. CORAM : MRS. VRUSHALI V. JOSHI, J. DATED : 6.10.2026. Heard. 2. This is an application for condonation of delay, setting aside abatement and bringing on record legal heirs of sole non-applicant. 3. The learned Counsel for the applicants states that when the applicants received the information about the death of non-applicant, it was the month of Ramzan and his clients could not contact him and give instructions about the legal heirs of the non-applicant. The legal heirs are staying at different places and his clients could not gather the details about the legal heirs of the non-applicant within a stipulated period and, therefore, there is a delay. 4. The learned Counsel for the non-applicant objected to condone the delay as according to him the reason is not sufficient. 5. Considering the reason given in the application, delay is condoned subject to costs of 2026:BHC-NAG:13291 2 cas1156.2026 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 and the applicants are allowed to bring on record legal heirs of the non-applicant within a period of two weeks. The application is allowed and disposed of. 6. Issue notice to the legal heirs of non-applicant, returnable after four weeks. 7. Mr. Y.S. Nikam h/f. Mr. N.B. Bargar waives notice for legal heirs of the non-applicant. (MRS. VRUSHALI V. JOSHI, J.) Tambaskar. Signed by: MR. N.V. TAMBASKAR Designation: Senior Pvt. Secretary Date: 06/10/2026 18:30:24