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2026 DAILYLAW 6101 (BOM)

SARASWATABAI MADHUKAR CHAUDHARY v. LACHIRAM DHANSIGH PAWAR DEAD, THROUGH L.RS. BHAURAO LACHIRAM PAWAR AND 3 OTHERS

CAF/2468/2026 · 2026-09-03

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Judgment text

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1 caf 2468 and 2469 of 2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CAF Nos.2468 and 2469 of 2026 In First Appeal No.447/2011 Saraswatibai Madhukar Choudhary Vs. Lachiram Dhansingh Pawar (Dead) through LRs. and others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A.R.Chavhan, Advocate for applicants. Mr.P.S.Thakur, Advocate for respondent nos.(1a) to (1c). None for other respondents. CORAM : Y. G. KHOBRAGADE, J. DATED : 03/09/2026 1. Heard Mr.A.R.Chavhan, learned counsel for the applicants and Mr. P.S.Thakur, learned counsel for respodnent nos. (1a) to (1c). None appeared for other respondents. 2. By the present applications, the applicants - legal heirs of the appellant seeking condonation of delay of 3320 days caused in filing the application for bringing the legal heirs of the deceased appellant on record as well as for setting aside the abatement. 3. By the said applications, the applicants/legal heirs of the appellant/claimant seeking permission for bringing their names on record. The appellant/claimant has filed the present appeal against the judgment and order dated 16.11.2010 passed in MACT No.75/2008 by learned Member, MACT, Washim, whereby challenging the judgment and award to the extent of exonerating the Insurance Company. However, during the pendency of the present appeal, the original claimant-Saraswatabai Madhukar Chaudhary died on 01.02.2018, leaving behind her the applicants/legal heirs as well as respondent nos.(3A) to (3B) and 4. 4. Considering the grounds set out in the application as well as explanation for the delay, I am of the view that the delay caused while filing an application for bringing the legal heirs of deceased appellant on record is bonafide and sufficiently 2 caf 2468 and 2469 of 2026.odt explained. Hence, the delay of 3320 days is hereby condoned. The abatement is set aside. 5. Accordingly, Civil Application No.2469/2026 for permission to bring the legal heirs of deceased appellant on record is hereby allowed. Necessary amendment be carried out within a period of two weeks from today. 6. After amendment is carried out, issue notice to respondent nos. (3-A) to (3B) and 4, returnable on 8th October, 2026. 7. The applicants are permitted to serve the said respodnents by Speed Post in addition to regular mode of service. (Y.G.KHOBRAGADE, J.) Mukund Ambulkar Signed by: Ambulkar (MLA) Designation: Senior Pvt. Secretary Date: 03/09/2026 17:26:07