Bombay High Court
CAS/175/2026 of RAMA S/O WANUSA THAOKAR AND OTHS Vs ANUSAYA W/O NAMDEO GOMASE AND OTHS on 8 October 2026
HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. CIVIL APPLICATION NO.174 OF 2026 AND CIVIL APPLICATION NO.175 OF 2026 AND CIVIL APPLICATION NO.176 OF 2026 AND CIVIL APPLICATION NO.173 OF 2026 IN SECOND APPEAL NO.283 OF 2011 (SHRI RAMA S/O WANUSA THAOKAR & OTHERS VS SMT. ANUSAYA W/O NAMDEO GOMASE & OTHERS) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. S.N. Bhattad, Advocate for the appellants. Mr. Piyush Tidke, Advocate h/f Mr. S.R. Deshpande, Advocate for respondent No.1. Mr. S.P. Bhave, Advocate for LR’s of respondent No.2.
CORAM:-
MRS. VRUSHALI V. JOSHI
, J.
DATED :-
OCTOBER 08, 2026
CIVIL APPLICATION NO.176 OF 2026 AND CIVIL APPLICATION NO.173 OF 2026 Heard.
2. By the present applications, the applicant is seeking condonation of delay in setting aside abatement and bringing legal representatives of respondent No.3 on record.
3. There is a delay of 2413 days in filing the application for setting aside abatement. *Divya
4. Learned Counsel for the appellant has stated that the appellants are staying at remote village and they were not aware about the procedure that after the death of the respondents the legal heirs are required to brought on record. The respondent has filed Pursis about the death of respondent No.3 and then the appellant came to know about the death of respondent No.3 and thereafter he has communicated his client and has taken steps to set aside the abatement, and therefore, there is a delay of 2413 days.
5. Considering the reasons stated in the application and the explanation furnished for the delay, application is allowed and the delay of 2413 days is hereby condoned, subject to the applicant depositing costs of Rs.10,000/- (Rupees Ten Thousand only) within a period of three weeks, in the “Public Welfare Account”, bearing Account No. 129712010001014, IFSC Code: UBIN0812978, maintained with Union Bank of India, Branch High Court, Civil Lines, Nagpur.
6. Hence, the delay is condoned, abatement is set aside and appellant is permitted to bring legal heirs of respondent No.3, on record.
7. The appellant to carry out necessary amendment within a period of two weeks.
8. All the Civil applications are disposed of. *Divya
CIVIL APPLICATION NO.174 OF 2026 AND CIVIL APPLICATION NO.175 OF 2026 Heard.
2. By the present applications, the applicant is seeking condonation of delay in setting aside abatement and bringing legal representatives of respondent No.2 on record.
3. There is a delay of 4376 days in filing the application for setting aside abatement.
4. Learned Counsel for the appellant has stated that the appellants are staying at remote village and they were not aware about the procedure that after the death of the respondents the legal heirs are required to brought on record. The respondent has filed Pursis about the death of respondent No.2 and then the appellant came to know about the death of respondent No.2 and thereafter he has communicated his client and has taken steps to set aside the abatement, and therefore, there is a delay of 4376 days.
5. Considering the reasons stated in the application and the explanation furnished for the delay, application is allowed and the delay of 4376 days is hereby condoned, subject to the applicant depositing costs of Rs.10,000/- (Rupees Ten Thousand only) within a period of three weeks, in the “Public Welfare Account”, bearing Account No. 129712010001014, IFSC Code: UBIN0812978, maintained with Union Bank of India, Branch High Court, Civil Lines, Nagpur. *Divya
6. Hence, the delay is condoned, abatement is set aside and appellant is permitted to bring legal heirs of respondent No.2, on record.
7. The appellant to carry out necessary amendment within a period of two weeks.
8. All the Civil applications are disposed of. SECOND APPEAL NO.283 OF 2011 The respondent has filed a Pursis stating that respondent No. 6 has passed away. However, upon enquiry, the appellant found that respondent No. 6 is alive. In view of this, the learned Counsel for the appellant has filed a Pursis. After amendment is carried out, notice be issued to the proposed legal heirs, returnable after Diwali Vacation, 2026.
( MRS. VRUSHALI V. JOSHI
, J. ) *Divya Signed by: Mrs. Divya Baldwa Designation: PA To Honourable Judge Date: 12/10/2026 18:38:56