Siddharth Ganpatrao Kamble vs Shakuntala Khushalrao Lohawe and 2 Others — Bombay HC (2025) — LawSathi Research

Siddharth Ganpatrao Kamble vs Shakuntala Khushalrao Lohawe and 2 Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 305 days condoned (CAS No. 57 of 2024); abatement of the Second Appeal against Respondent No. 2 set aside and legal representatives of deceased Respondent No. 2 permitted to be impleaded (CAS No. 56 of 2024), with amendment of the cause title of the Second Appeal directed before 25th April, 2025; Civil Application (CAS) No. 362 of 2025 directed to be listed for hearing on 28th April, 2025. Both decided civil applications stand disposed of accordingly.

Issue for consideration

Whether the delay of 305 days in filing the application for setting aside abatement and bringing the legal representatives of deceased Respondent No. 2 on record ought to be condoned. +1 more

Court's answer

The delay of 305 days caused in filing the application for bringing the legal representatives of the deceased Respondent No. 2 on record stands condoned, having regard to the reasons mentioned in the application.

Ratio / Principle

The abatement of the Second Appeal against Respondent No. 2 is set aside and permission is granted to implead the legal representatives of the deceased Respondent No. 2 on record.

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Rohit W. Joshi, J.), April 23, 2025 — In Civil Application (CAS) Nos. 57 and 56 of 2024 in Second Appeal No. 473 of 2012 (Siddharth Ganpatrao Kamble v. Shakuntala Khushalrao Lohawe & Ors.), the Court condoned a delay of 305 days in filing the application for setting aside abatement and bringing on record the legal representatives of the deceased Respondent No. 2, Anusayabai Shatrughna Gotekar, the application not being seriously opposed; set aside the abatement of the appeal against Respondent No. 2; and permitted impleadment of her legal representatives (proposed Respondent Nos. 2(i) to (v)). The Court further directed that necessary amendment be carried out in the cause title of the Second Appeal before 25th April, 2025. Civil Application (CAS) No. 362 of 2025 was directed to be listed for hearing on 28th April, 2025. Both decided civil applications were disposed of accordingly.

1/2 2.cas.57.2024 in sa.473.2012.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

CIVIL APPLICATION (CAS) NO. 57 OF 2024 WITH CIVIL APPLICATION (CAS) NO. 56 OF 2024 WITH CIVIL APPLICATION (CAS) NO. 362 OF 2025 IN

SECOND APPEAL NO. 473 OF 2012

(Siddharth Ganpatrao Kamble V/s Shakuntala Khushalrao Lohawe & Ors.)

Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders Appearances, court’s orders or directions and Registrar’s orders

Mr. A. A. Krishnan, Advocate I/by Mr. S. A. Chaudhari, Advocate for Appellant.

Ms. V. P. Thakre, Advocate for proposed Respondent Nos.2(i) to (v).

CORAM : ROHIT W. JOSHI, J. DATE : APRIL 23, 2025.

CIVIL APPLICATION (CAS) NO. 57 OF 2024

. By the present application, Appellant is seeking condonation of 305 days delay in filing application for setting aside abatement and bringing legal representatives of the deceased Respondent No.2 – Anusayabai Shatrughna Gotekar on record.

The Application is not seriously opposed.

Having regard to the reasons mentioned in the Application, delay of 305 days caused in filing application for

2/2 2.cas.57.2024 in sa.473.2012.odt

bringing legal representatives of the deceased Respondent No.2 on record is hereby condoned.

Civil Application stands disposed of accordingly.

CIVIL APPLICATION (CAS) NO. 56 OF 2024

. By the present Application, Appellant is seeking permission to bring the legal representatives of the deceased Respondent No.2 - Anusayabai Shatrughna Gotekar on record and set aside the abatement of Appeal against the Respondent No.2.

For the reasons mentioned in the Application, abatement of Appeal against the Respondent No.2 is set aside and permission is granted to implead the legal representatives of the deceased Respondent No.2 on record.

Necessary amendment be carried out in cause title of the Second Appeal before 25^th April, 2025.

Civil Application stands disposed of accordingly.

CIVIL APPLICATION (CAS) NO. 362 OF 2025

. List the Application for hearing on 28^th April, 2025.

(ROHIT W. JOSHI, J.)

vijaya

Signed by: Mrs. V.G. Yadav Designation: PA To Honourable Judge Date: 25/04/2025 14:56:29