Renuka 905-IA-2854-2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2854 OF 2026 IN SECOND APPEAL NO. 718 OF 1995 WITH SECOND APPEAL NO. 718 OF 1995 Shri Damu Tukaram Jadhav Since Deceased Through Lrs ...Petitioner V/s. Zunkabai Gopala Borade ...Respondent ________________ Mr. V. V. Salunke i/b Mr. Anuj Tiwari for Applicant. Mr. Nikhil M. Pujari with Mr. Bipin A Singh i/b P. N. Joshi for Respondent No. 2. ________________ CORAM: SANDEEP V. MARNE, J. DATED: 29 AUGUST 2026. P.C.: 1) Application is filed seeking restoration of the Second Appeal. Though the Application is opposed by Mr. Pujari, the learned counsel appearing for the Respondent, he leaves it to the Court the decision with regard to restoration. There is a delay of 1 year and 362 days in filing the Application. Considering the averments made in the Application and with a view to afford an opportunity to the Appellant to prosecute the Appeal on the merits, the Application is allowed. Delay is Page No. 1 of 2 29 August 2026 2026:BHC-AS:35546 Renuka 905-IA-2854-2026.docx condoned. Second Appeal is restored by recalling order Dated 7 November 2023. Interim Application is accordingly allowed and disposed of. Second Appeal No. 718 of 1995:- 2) It appears that the Respondent No. 2 has passed away. Leave is granted to bring on record legal representatives of Respondent No. 2. Mr. Pujari, the learned counsel submits that he has instructions to appear on behalf of the legal heirs of deceased Respondent No. 2. Amendment to be carried out forthwith. 3) List the Appeal for final hearing on 2 September 2026 at 5.00 p.m. [SANDEEP V. MARNE, J.] Page No. 2 of 2 29 August 2026 Signed by: Renuka S Thakur Designation: PA To Honourable Judge Date: 31/08/2026 16:54:13