1 965 ca.10086.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. 965 CIVIL APPLICATION NO. 10086 OF 2026 IN SA/603/2018 SURYAKANT HAVGIRAO DONGAONKAR DEAD THROUGH LRS SHANTABAI SURYAKANT DONGAONKAR AND ANOTHER VERSUS AKBAR KARIM SAB SHAIKH AND OTHERS ... Advocate for Applicant : Mr. Adwait Milind Joshi, h/f Mr. Patil Milind. ... WITH SECOND APPEAL NO. 603 OF 2018 WITH CIVIL APPLICATION NO. 9230 OF 2018 IN SA/603/2018 ... CORAM : SANJAY A. DESHMUKH, J. DATE : 03rd September, 2026. P.C.: CIVIL APPLICATION NO. 10086 OF 2026 1 This application is filed for condonation of delay, setting aside abatement and permission to bring the legal representatives of deceased respondent No.2 on record. 2 Perused the application. There is delay of 2148 days caused for setting aside the abatement and 2208 days days caused in filing this application. 3 For the reasons stated in the application, the application deserves to be allowed, as the delay has not been caused deliberately or intentionally. Hence, the delay is condoned. The abatement is set aside. Permission is granted to the appellants to bring the legal representatives of deceased respondent No.2 on record, subject to the 2 965 ca.10086.26.odt appellants depositing costs of Rs.3,000/- with the Advocates Chambers Allottees Maintenance Co-operative Society, High Court Premises, Aurangabad. Necessary amendment be carried out within a period of two weeks from today. Civil Application No.10086 of 2026 stands disposed of. 4 It is made clear that if the amendment is not carried out within the stipulated period, then the appellants will require to deposit additional costs of Rs.2000/- with the Advocates Chambers Allottees Maintenance Co-operative Society, High Court Premises, Aurangabad. 5 The learned counsel for the appellants further points out the order dated 23rd August, 2019 passed by this Court in Civil Application No.6398 of 2019, whereby the application for bringing the legal representatives of the sole appellant on record was allowed. However, the necessary amendment has not been carried out for more than seven years. The delay itself shows how the matter has become old. However, in the interest of justice, the oral prayer made by the learned counsel for the appellants is allowed, with a direction to the appellants to carry out the necessary amendment within two weeks from today, as per the the order dated 23rd August, 2019 passed by this Court in Civil Application No.6398 of 2019, subject to depositing costs of Rs.7,000/- with the Advocates Chambers Allottees Maintenance Co-operative Society, High Court Premises, Aurangabad, towards the delay caused due to non-compliance with the said order. 6 List the second appeal on 21st September, 2026. [ SANJAY A. DESHMUKH, J. ] nga