1 / 3 30-sa 357-01 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.208 OF 2026 IN SECOND APPEAL NO. 357 OF 2021 Pushpa Rumarji Sukhadeve Vs. Gajanan Sitaram Sukhedeve (dead) through LRs. ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ---------------------------------------------------------------------------------------------- Mr.Sanket Purnaik, counsel for the Appellant. Mr.Nitin Vyawahare, counsel for respondents. CORAM : MRS. VRUSHALI V. JOSHI, J. DATE : 16/09/2026 1. This is an application for condonation of 1355 days’ delay in filing the application for bringing the Legal representative of respondent N0.4 on record and for setting aside the abatement of respondent No.4. 2. The learned counsel for the applicant has stated that from the pursis filed by the respondent about the death of respondent No.4, the applicant came to know about it and thereafter he has taken the steps and therefore there is delay. 3. The learned counsel for the respondents opposed the application stating that the reason given in the application is not sufficient to condone the delay. 4. For the reasons mentioned in the application and as the legal heirs of respondent No.4 are necessary parties, the civil application is allowed,the delay is hereby condoned Kavita 2 / 3 30-sa 357-01 and the abatement is set aside, subject to the applicant deposing cost of Rs.20,000/- in the account of ‘Public Welfare Account’ bearing Account No.129712010001014 (IFSC Code : UBIN0812978), Union Bank of India, Branch High Court, Civil Lines, Nagpur within a period of one week. 5. The applicant is allowed to bring the legal representatives of respondent No.4 on record within a period of one week. 6. Civil application stands disposed of. SECOND APPEAL NO. 357 OF 2021 Learned counsel Mr.Nitin Vyavahare waives the service of notice on behalf of legal representatives of respondent No.4. CIVIL APPLICATION (CAS) NO.210 OF 2026 1. This is an application for condonation of 173 days’ delay in filing the application for bringing the Legal representative of respondent N0.11 on record and for setting aside the abatement of respondent No.11. 2. The learned counsel for the applicant has stated that from the pursis filed by the respondent about the death of respondent No.11, the applicant came to know about it Kavita 3 / 3 30-sa 357-01 and thereafter he has taken the steps and therefore there is delay. 3. The learned counsel for the respondents opposed the application stating that the reason given in the application is not sufficient to condone the delay. 4. For the reasons mentioned in the application and as the legal heirs of respondent No.11 are necessary parties, the civil application is allowed, the delay is hereby condoned and the abatement is set aside, subject to the applicant deposing cost of Rs.10,000/- in the account of ‘Public Welfare Account’ bearing Account No.129712010001014 (IFSC Code : UBIN0812978), Union Bank of India, Branch High Court, Civil Lines, Nagpur within a period of one week. 5. The applicant is allowed to bring the legal representatives of respondent No.11 on record within a period of one week. 6. Civil application stands disposed of. SECOND APPEAL NO. 357 OF 2021 Learned counsel Mr.Nitin Vyavahare waives the service of notice on behalf of legal representatives of respondent No.11. JUDGE Kavita Signed by: Kavita P Tayade Designation: PS To Honourable Judge Date: 17/09/2026 16:39:42