1 981 ca.5718.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. 981 CIVIL APPLICATION NO. 5718 OF 2026 IN SA/692/2017 GANGADHAR GANGARAM ARSEWAD (DIED) LRS MADHAVRAO AND OTHERS VERSUS POSHATI GANGADHAR YEMEWAD (DIED) LRS LAXMIBAI AND OTHERS ... Advocate for Applicant : Mr. Shailendra S. Gangakhedkar. ... WITH SECOND APPEAL NO. 692 OF 2017 ... CORAM : SANJAY A. DESHMUKH, J. DATE : 06th October, 2026. P.C.: 1 Heard. 2 This is an application for restoration of the appeal, which was dismissed for not taking steps against respondent Nos.1/3 to 1/7. There is a delay of 2984 days caused in filing this civil application. 3 Heard the the learned counsel for the applicants. Perused the application. 4 On perusal of the application, it appears that the delay is not deliberately caused. Therefore, to decide the lis finally on merits and in view of the law laid down by the Honourable Supreme Court in the case of M. D. A. Chaudhary Vs. Kartar Chand and Ors., MANU/SC/0877/2025, the application deserves to be allowed, in the interest of justice, as the delay is not deliberately caused. 2 981 ca.5718.26.odt 5 Considering the reasons stated in the application, the application deserves to be allowed in the interest of justice. The application is allowed in terms of prayer clauses (B) and (C) and the second appeal be restored to its original position, with direction to the leaned counsel for the appellants to serve respondent Nos.1/3 to 1/7 by Speed Post and file documents of service of notice. 6 List the second appeal on 23rd October, 2026. [ SANJAY A. DESHMUKH, J. ] nga