Gumansingh Rautamsingh Ingle (Deceased) through Lrs. Gangabai G. Ingale and Others v. Diwansingh Rustamsingh Ingle through Lrs. Smt. Sarubai Wd/O Diwansingh Ingle and Others
Case brief
What is this about?
Condonation of delay; abatement set aside; legal representatives brought on record; deceased respondent Nos.3, 4 and 6; Misc. Civil Application No.968/2016; Second Appeal No.69/1998 (D); Nagpur Bench; delays of 658, 1915 and 1740 days; family dispute between real brothers; strained relations; applicants attended funeral of respondent No.6; appeal pending about 27 years; decide on merits rather than dismissal in default; out-of-court settlement explored; fresh notice returnable 20/01/2026; speed post service; affidavit of service.
What did the court decide?
The Civil Applications (CAO Nos.1004-1008/2025) were allowed: delays of 658, 1915 and 1740 days condoned, abatement of MCA No.968/2016 against deceased respondent Nos.3, 4 and 6 set aside, and their legal representatives brought on record. Under MCA No.968/2016, fresh notice was ordered to the unserved respondents returnable on 20/01/2026; Advocate S.B. Mohta waived notice for respondent No.6 (a) and 6 (b); applicants directed to serve respondents by speed post in addition to regular mode and file affidavit of service before the returnable date; matter to be put up with the connected matter.