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2026 DAILYLAW 16533 (BOM)

SAKHARAMJI S/O GANGARAMJI AND ANR v. KISHANRAO S/O TUKARAMJI RODGE AND ORS

CA/12168/2016 · 2026-10-09

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Judgment text

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( 1 ) 982 ca 12168.16 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 982 CIVIL APPLICATION NO. 12168 OF 2016 IN SA/67/1993 WITH CIVIL APPLICATION NO. 15307 OF 2019 IN SA/67/1993 WITH WITH CIVIL APPLICATION NO. 5651 OF 2026 IN SA/67/1993 SAKHARAMJI S/O GANGARAMJI AND ANR VERSUS KISHANRAO S/O TUKARAMJI RODGE AND ORS ….. Advocate for Applicant : Mr. Deshmukh Arvind Advocate for Respondents : Mr. P.N. Sonpethkar Advocate for Respondents : Mr. M.B. Ubale ….. CORAM : SANJAY A. DESHMUKH, J. DATE : 09.10.2026 P.C.:- Civil Application No.12168 of 2016: 1. This is an application for condonation of delay of 5739 days caused in filing the application for setting aside the abatement and for bringing the legal representatives of respondent no.2 (i.e. 2A and 2 F) on record. 2. Perused the application. Heard the learned advocate for the applicants 2026:BHC-AUG:47839 ( 2 ) 982 ca 12168.16 3. On perusal of application and the grounds stated in the application, it appears that the delay has not been deliberately caused. Considering the law laid down by the Hon’ble Supreme Court in the case of M.D.A. Chaudhary v. Kartar Chand and Ors.; MANU/SC/0877/2025, the application for condonation of delay has to be considered liberally. 4. Therefore, in the interest of justice, the delay deserves to be condoned. Accordingly, the delay of 5739 days stands condoned. The application stands allowed. Abatement is set aside and permission for bringing the legal representatives of respondent no.2 on record is granted. Amendment be carried out within a week. If the amendment is not carried within a week the appellant has to pay / deposit cost of Rs.5,000/- with the High Court Legal Services Sub-Committee, Aurangabad. Appeal: 5. The hearing of the appeal has been expedited by the Hon’ble Supreme Court. Therefore, the matter is fixed for final hearing on 26.10.2026 at 10.30 a.m. [SANJAY A. DESHMUKH, J.] mubashir