1 sa448.2008 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C.A.S. NOS.1475/2026 AND 1476/2026 IN SECOND APPEAL NO.448/2008 Balu S/o Vasram Ade and others ..V/s.. Uttam S/o Nanu Ade and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.S. Nemade, Counsel h/f. Mr. S.U. Nemade, Counsel for the appellants. CORAM : MRS. VRUSHALI V. JOSHI, J. DATED : 12.10.2026. Heard. 2. The applicants have filed these application for condonation of delay, setting aside abatement and bringing on record legal heirs of appellant No.2. There is delay of 1583 days in setting aside abatement. 3. The appeal was admitted in the year 2009. The appeal was pending for final hearing. During the pendency of the appeal, appellant No.2 died on 27.04.2021, which fact was not informed to their learned Counsel by the appellants. Appellant Nos.1 and 3 are the sons of appellant No.2. Though they were on record they were not knowing that other legal heirs are required to be brought on record. Therefore, there is a delay. 3. Considering the reasons given in the application, delay of 1583 days is condoned subject to costs of Rs.10,000/- to be paid to 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 appellants are permitted 2026:BHC-NAG:13708 2 sa448.2008 to bring on record legal heirs of appellant No.2. The application is allowed and disposed of. (MRS. VRUSHALI V. JOSHI, J.) Tambaskar. Signed by: MR. N.V. TAMBASKAR Designation: Senior Pvt. Secretary Date: 13/10/2026 10:33:59