1 966 ca.10098.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. 966 CIVIL APPLICATION NO. 10098 OF 2026 IN SA/743/1999 YESHWANTA ALIAS BABURAO RANBA NAGARGOJE DIED THROUGH LRS DHONDIRAM YANSWANTA NAGARGOJE AND OTHERS VERSUS JADUBAI RAMCHANDRA NAGARGOJE ... Adv. for Applicant : Mr. Sameer S. Kurundkar, h/f Mr. Sunil V. Kurundkar. ... WITH CIVIL APPLICATION NO. 10101 OF 2026 IN SA/743/1999 ... CORAM : SANJAY A. DESHMUKH, J. DATE : 03rd September, 2026. Per Court: CIVIL APPLICATION NO. 10098 OF 2026 1 Heard the learned counsel for the applicants. 2 This is an application for restoration of second appeal, which was dismissed for want of prosecution by order dated 23rd December, 2025 passed by this Court in Second Appeal No.743 of 1999. 3 Perused the application. There is delay of 98 days caused in filing this application. 4 Perusal of the application shows that the delay is not caused deliberately and intentionally. Considering the reasons stated in the application, the application deserves to be allowed in the interest of justice. Hence, Civil Application No.10098 of 2026 is allowed in terms 2 966 ca.10098.26.odt of prayer clause (B) and (C). The delay is condoned. The second appeal be restored to its original position. SECOND APPEAL : 5 Issue notice to the respondent, returnable on 1st October, 2026. 6 The learned counsel for the appellants seeks leave to serve the respondent by private mode. Leave granted. In addition to regular mode of service, private service, as is permissible in law, is permitted. 7 If the record and proceedings have not been sent back, the Registry is directed not to send back the record and proceedings. If the record and proceedings have already been sent back, the Registry is directed to call back the record and proceedings. CIVIL APPLICATION NO. 10101 OF 2026 8 This application is filed for condonation of delay, setting aside abatement and permission to bring the legal representatives of deceased appellant No.1 on record. 9 Perused the application. There is delay of 1606 days caused in filing this application. 10 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. 3 966 ca.10098.26.odt 11 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 is set aside. Permission is granted to bring the legal representatives of deceased appellant No.1 on record. Necessary amendment be carried out within a period of two weeks from today. The Civil Application No.10101 of 2026 stands disposed of. [ SANJAY A. DESHMUKH, J. ] nga