1 cas1096.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C.A.S. NOS.1099/2026 IN SECOND APPEAL NO.133/2024 Harinarayan Shitalprasad Gupta and others ..V/s.. Ramlal S/o Mahavirprasad Gupta and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Manoj Kumar Mishra, Counsel for the appellants. CORAM : MRS. VRUSHALI V. JOSHI, J. DATED : 21.8.2026. This is an application for condonation of delay in restoration of appeal against respondent Nos.1, 2, 4 and 6. The appeal was dismissed against these respondents as correct addresses were not given and the respondents were not served. The earlier Counsel who was representing the appellants was ill and has not supplied correct addresses and the service was not done. Thereafter the appellants have changed the Counsel and, therefore, there is delay of 120 days in filing this application. Considering the reasons given in the application, it is allowed and dispose of subject to costs of Rs.2,000/- to be paid in the Public Welfare Account maintained with Union Bank of India, High Court Branch, Civil Lines, Nagpur, bearing Account No. 129712010001014 and IFSC Code UBIN0812978. After payment of costs, the appeal is restored against respondent Nos.1, 2, 4 and 6. C.A.S. NO.1101/2026 2. For the reasons stated in the application, it is allowed and disposed of. Issue notice to respondent 2026:BHC-NAG:10971 2 cas1096.2026 Nos.1, 2 4 and 6 on their correct addresses, returnable after four weeks. C.A.S. NOS.1096/2026, 1098/2026 AND 1100/2026. 3. These are applications for condonation of delay, setting aside abatement and bringing on record legal heirs of respondent No.5. The appellants have stated that when the condonation of delay application was tried to be served on the respondent No.5, at that time only they came to know that respondent No.5 is no more and he died on 07.03.2024, therefore, there is delay of 790 days in filing the applications for setting aside abatement and bringing on record legal heirs of respondent No.5. For the reasons stated in the applications, they are allowed and disposed of. Delay is condoned, abatement is set aside and the appellants are permitted to bring on record legal heirs of respondent No.5. Issue notice to the legal heirs of respondent No.5, returnable after four weeks. (MRS. VRUSHALI V. JOSHI, J.) Tambaskar. Signed by: MR. N.V. TAMBASKAR Designation: Senior Pvt. Secretary Date: 27/08/2026 17:28:30