1 75.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. 75 CIVIL APPLICATION NO. 2393 OF 2026 IN SA/399/2004 ASARAM TATYABA KALE DIED THROUGH HIS LRS PANDHARINATH ASARAM KALE VERSUS PARVATABI BHANUDAS DHANKARE DIED THROUGH HER LRS BHANUDAS DIED THROUGH LRS ANNAPURNA AND OTHERS ... Advocate for Applicants : Mr. G. P. Darandale, h/f Mr. N. K. Kakade. ... WITH SECOND APPEAL NO. 399 OF 2004 ... CORAM : SANJAY A. DESHMUKH, J. DATE : 24th August, 2026. P.C.: 1 Civil Application No.2393 of 2026 is filed for condonation of delay, setting aside abatement and permission to bring the legal representatives of deceased respondent Nos.1/A, 1/B, 2 and 3 on record. 2 Perused the application. Heard the learned counsel for the applicants. 3 Office notes shows that, the civil application is filed beyond time by 1707 days for bringing the legal representatives of deceased respondent No.1/B, and by 6865 days for bringing the legal representatives of respondent No.2 on record. 2 75.odt 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. 5 For the reasons stated in the application, the application deserves to be allowed as the delay is not caused deliberately and intentionally. Hence, the delay is condoned. Abatement, if any, is set aside. Permission is granted to bring the legal representatives of deceased respondent Nos.1/A, 1/B, 2 and 3 on record. Necessary amendment be carried out, within a period of two weeks from today. Civil Application No.2393 of 2026 stands disposed of. 6 It is made clear that if the amendment is not carried out within the stipulated period, then the appellants will require to deposit costs of Rs.2000/- with the High Court Legal Services Sub-Committee, Aurangabad. 7 List the second appeal on 8th September, 2026. [ SANJAY A. DESHMUKH, J. ] nga