Bombay High Court
CA/14837/2023 of MANIK SHARANAPPA PATIL L.RS. SHANTABAI AND OTHERS Vs SAIBANNA SHARANAPPA PATIL LRS BALBHIM AND OTHERS on 7 October 2026
547 OF 2015.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 942 SECOND APPEAL NO. 547 OF 2015 Manik Sharanappa Patil VERSUS Saibanna Sharanappa Patil Lrs Balbhim And Others ... Mr. Mandlik Pratap P., Advocate for Appellant WITH CIVIL APPLICATION NO. 14837 OF 2023 IN SA/547/2015
942 SA NO. 547 OF 2015.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
942 SECOND APPEAL NO. 547 OF 2015
Manik Sharanappa Patil
VERSUS
Saibanna Sharanappa Patil Lrs Balbhim And Others
...
Mr. Mandlik Pratap P., Advocate for Appellant WITH
CIVIL APPLICATION NO. 14837 OF 2023
IN SA/547/2015
….
CORAM : SANJAY A. DESHMUKH, J.
DATE : 07.10.2026
PER COURT :-
CIVIL APPLICATION NO. 14837 OF 2023
1.
Heard learned Advocates for the Applicant.
2.
This is an application for condonation of 47 days delay caused in filing the Civil Application for bringing the legal representatives of deceased Appellant on record as well as for setting aside abatement and permission to bring the L.Rs. of deceased Appellant on record.
3.
Perused the application. Considering the reasons stated therein and the fact that the Applicants seek to bring the legal representatives of the deceased Appellant on record so as to enable this Court to decide the lis finally on merits, the delay
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942 SA NO. 547 OF 2015
deserves to be condoned as it is not deliberately caused. In view of the facts and circumstances of the present case, the application deserves to be allowed in the interest of justice. Hence, the following order:
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::ORDER::
a. The application is allowed. b. The delay of 47 days caused in filing the Civil Application for bringing the legal representatives of Appellant on record is condoned. c. The abatement is set aside. d. Permission to bring the legal representatives of of deceased Appellant on record is granted. The amendment be carried out within a period of four 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