1 1.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 10717 OF 2026 IN WRIT PETITION NO. 1917 OF 2026 BALAJI DHONDIRAM GAVHANE AND ANOTHER VERSUS ANNUSAYA VAYANKAT GAVANE AND OTHERS … Advocate for Applicants : Mr. Sabnis Ameya N. Advocate for Respondent Nos. 1 to 4 : Mr. M.D. Gitte … CORAM : MANJUSHA DESHPANDE, J. DATE : 11th SEPTEMBER, 2026 PER COURT : 1. This Application is filed by the Petitioner in Writ Petition no. 1917/2026, which has been dismissed by this Court pursuant to the common order passed on 01.04.2026, directing the Petitioners to take steps within a period of four weeks, failing which, the Petition would stand dismissed without further reference to the Court. 2. Learned Advocate for the Applicant submits that the objection in the present Writ Petition was that the legal heirs of one Raosaheb Pundalik Gavane, who was Defendant no. 4 in the suit, have not been brought on record. He submits that, in fact in the suit itself, which is pending before the learned Civil Judge, Senior Division, Udgir, 2026:BHC-AUG:42158 2 1.odt the Plaintiffs i.e. Respondent nos. 1 to 4 in the Writ Petition, have not taken steps to bring on record the legal heirs of Defendant no. 4. Therefore, the same parties and status is shown in the Writ Petition. When the objection was raised, he could not take steps within the prescribed time. Since it was necessary for him to collect the death certificate and other information of Defendant no. 4. 3. After receiving the necessary information the present Application has been filed. The delay occurred in filing the Application is on account of the various defects as stated by the Applicants in paragraph nos. 4 and 5 of the Application. The restoration is opposed by the learned Advocate appearing for the contesting Respondent nos. 1 to 4 seeking time to file his affidavit opposing the restoration of the Writ Petition. 4. Learned Advocate for the Applicants submits that the Petitioners have challenged the order passed by the learned Civil Judge, Junior Division, under Order XXIX Rule 27 of the Code of Civil Procedure, appointing the Court Commissioner for measurement of the land. After hearing the Petitioner, this Court was pleased to grant interim relief in terms of prayer clause ‘C’ i.e. stay to the effect and operation of the impugned order passed on 16.12.2025. 5. As a result of the order of dismissal passed by this Court, even the stay has been vacated and pursuant to that he has received the 3 1.odt communication issued by the Deputy Superintendent of Land Records, undated communication issued in the month of September, 2026, informing that the measurement of the suit land is about to take place on 15.09.2026. Therefore, the interim relief granted by this Court needs to be restored. 6. Although the learned Advocate for the contesting Respondents has opposed the Application, in my view, the Applicant has satisfactorily explained the chronological events which lead to the dismissal of the Writ Petition and reasons for delay in filing the Application for restoration is also satisfactorily explained. In view thereof, the Civil Application for restoration is allowed by condoning delay of 47 days and the Applicant is permitted to bring on record legal representatives of Respondent no. 6 in the Civil Application i.e. Raosaheb Pundalik Gavane, by condoning the delay of 1251 days caused in filing the Application for bringing legal heirs of Respondent no. 6 on record. 7. Issue notice to the proposed legal heirs no. 6A to 6F, as mentioned in the title clause of the Civil Application, returnable on 09.10.2026. 8. The inconvenience caused to Respondent nos. 1 to 4, can be compensated by way of granting costs of Rs. 10,000/-. The Applicants 4 1.odt shall pay the costs of Rs. 10,000/- to Respondent nos. 1 to 4, before the next date of hearing. 9. Civil Application stands disposed of by restoring the Writ Petition and continuing the interim relief granted by this Court vide order dated 23.02.2026. 10. The parties to act upon the authenticated copy of this order. ( MANJUSHA DESHPANDE, J. ) SPC