Bombay High Court
CA/649/2020 of SONYABAPU HARIBHAU KHEDKAR AND ANOTHER Vs TUKARAM LIMBAJI AGHAV DIED LRS. JALINDAR TUKARAM AGHAV AND OTHERS on 13 October 2026
649 OF 2020.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 983 CIVIL APPLICATION NO. 649 OF 2020 IN SA/608/2017 Sonyabapu Haribhau Khedkar And Another VERSUS Tukaram Limbaji Aghav Died Lrs. Jalindar Tukaram Aghav And Others ... Mr. Dhakane Rajendra B., Advocate for Applicant Mr.
983 CA NO. 649 OF 2020.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
983 CIVIL APPLICATION NO. 649 OF 2020
IN SA/608/2017
Sonyabapu Haribhau Khedkar And Another
VERSUS
Tukaram Limbaji Aghav Died Lrs. Jalindar Tukaram Aghav And Others
...
Mr. Dhakane Rajendra B., Advocate for Applicant Mr. A. R. Vaidya F., Advocate for Respondents WITH
SECOND APPEAL NO. 608 OF 2017WITH
CIVIL APPLICATION NO. 5709 OF 2016 IN SA/608/2017WITH
CIVIL APPLICATION NO. 11254 OF 2017 IN SA/608/2017
….
CORAM : SANJAY A. DESHMUKH, J.
DATE : 13.10.2026
P.C. :-
CIVIL APPLICATION NO. 649 OF 2020
1.
Heard learned Advocates for both sides.
2.
This is an application for condonation of 108 days delay caused in filing the Civil Application for bringing the legal representatives of deceased Respondent No.1 on record as well as for setting aside abatement and permission to bring the L.Rs. of deceased Respondent No.1 on record.
3.
Learned Advocates for the respondents strongly opposed the application.
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983 CA NO. 649 OF 2020
4.
Perused the application. Considering the reasons stated therein and the fact that the Applicants seek to bring the legal representatives of the deceased Respondent No.1 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. Hence, the following order:
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::ORDER::
a. The application is allowed. b. The delay of 108 days caused in filing the Civil Application for bringing the legal representatives of Respondent No.1 on record is condoned. c. The abatement is set aside. d. Permission to bring the legal representatives of of deceased Respondent No.1 on record is granted. The amendment be carried out within a period of three 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. [ SANJAY A. DESHMUKH, J. ] HRJadhav