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2026 DAILYLAW 6333 (BOM)

KHANDU GANPATI JOSHI DIED THROUGH LRS JYOTI SUDHIR DESHMUKH AND OTHERS v. CHANDRASHEKAR RAGHUNATH HENGNE AND ANOTHER

CA/6564/2026 · 2026-09-02

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Judgment text

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966 CA NO. 6564 OF 2026.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 966 CIVIL APPLICATION NO. 6564 OF 2026 IN SA/550/2014 Khandu Ganpati Joshi Died Through Lrs Jyoti Sudhir Deshmukh And Others VERSUS Chandrashekar Raghunath Hengne And Another ... Ms. Prajakta P. Deshmukh h/f Mr. Patil Milind, Advocate for Applicants Mr. Ganesh L. Kedar, Advocate for Respondents WITH CIVIL APPLICATION NO. 9225 OF 2023 IN SA/550/2014 …. CORAM : SANJAY A. DESHMUKH, J. DATE : 02.09.2026 PER COURT :- CIVIL APPLICATION NO. 6564 OF 2026 1. Heard learned Advocates for both sides. 2. This is an application for condonation of 04 days delay caused in filing the Civil Application for bringing the legal representatives of deceased Appellant on record as well as for setting aside abatement and permission to bring the L.Rs. of deceased Appellant on record. 3. Learned Advocates for the respondents strongly opposed the application. 1 of 2 (( 2 )) 966 CA NO. 6564 OF 2026 4. Perused the application. Considering the reasons stated therein and the fact that the Applicants seek to bring the legal representatives of the deceased Appellant on record so as to enable this Court to decide the lis finally on merits, the delay deserves to be condoned as it is not deliberately caused. In view of the facts and circumstances of the present case, the application deserves to be allowed in the interest of justice. Hence, the following order: ::ORDER:: a. The application is allowed. b. The delay of 04 days caused in filing the Civil Application for bringing the legal representatives of Appellant on record is condoned. c. The abatement is set aside. d. Permission to bring the legal representatives of of deceased Appellant on record is granted. The amendment be carried out within a period of two weeks from today. If the amendment is not carried out within the stipulated period, the applicants shall be liable to pay costs of Rs.2,000/- to the Advocates’ Chambers Allottees Maintenance Co-operative Society, High Court Premises, Chhatrapati Sambhajinagar. . Stand over to 23.09.2026. [ SANJAY A. DESHMUKH, J. ] HRJadhav 2 of 2