Sukhdeo S/O Baliram Gadhe Vs Parashram S/O Namdeo Kamble — Bombay HC (2025) — LawSathi Research

Sukhdeo S/O Baliram Gadhe Vs Parashram S/O Namdeo Kamble — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Condonation of delay allowed; abatement of the appeal against the non-applicant set aside; legal representatives of the deceased non-applicant permitted to be brought on record subject to costs of Rs.10,000/- payable by the applicant to the District Bar Association, Akola; amendment to be carried out on or before 24.12.2025; appeal to be listed for hearing on admission on 21.01.2026 and heard with Second Appeal No.312 of 2019.

Issue for consideration

Whether the delay in filing the application for setting aside abatement of Second Appeal No.443 of 2022 (D) against the deceased non-applicant should be condoned and his legal representatives brought on record.

Court's answer

The application for condonation of delay in filing the civil application for bringing the legal representatives of the deceased non-applicant is allowed.

Ratio / Principle

Abatement of the appeal against the non-applicant is set aside.

Key takeaways

Permission is granted to bring the names of the legal representatives of the deceased non-applicant on record, subject to costs of Rs.10,000/- to be paid by the applicant to the District Bar Association, Akola.ratio¶17
Necessary amendment (to give effect to bringing the legal representatives on record) is directed to be carried out on or before 24.12.2025.ratio¶18
The appeal is to be listed for hearing on admission on 21.01.2026.ratio

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Rohit W. Joshi, J., 17/12/2025) — Civil Applications Nos.790, 791 and 792 of 2025 in Second Appeal No.443 of 2022 (D), Sukhdeo S/o Baliram Gadhe v. Parashram S/o Namdeo Kamble (dead) through LRs: On the death of the non-applicant, the applicant sought condonation of delay in filing the application to set aside abatement and to bring the legal representatives on record, stating the delay as 441 days (around 700 days if reckoned from the date of demise) and pleading ignorance of the death. The Court condoned the delay, set aside the abatement of the appeal against the deceased non-applicant, and permitted the legal representatives to be brought on record, subject to payment of costs of Rs.10,000/- by the applicant to the District Bar Association, Akola. Amendment was directed on or before 24.12.2025; the appeal was listed for hearing on admission on 21.01.2026 and is to be heard along with connected Second Appeal No.312 of 2019, which stands admitted and pending final hearing.

2025:BHC-NAG:14617

14.cas.790.2025.odt

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

CIVIL APPLICATION (CAS) NO.790 OF 2025 WITH CIVIL APPLICATION (CAS) NO.791 OF 2025 WITH

CIVIL APPLICATION (CAS) NO.792 OF 2025 IN

SECOND APPEAL NO.443 OF 2022 (D)

Sukhdeo S/o Baliram Gadhe .Vs. Parashram S/o Namdeo Kamble (Dead) Through LRs.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

Mr. N.R. Tekade, Advocate for applicant. Mr. S.B. Mohta, Advocate for non-applicant No.1. Mr. S.V. Sohoni, Advocate for non-applicant No.2.

CORAM : ROHIT W. JOSHI, J. DATE : 17/12/2025

The non-applicant has expired. These are applications for seeking condonation of delay in filing application for setting aside abatement and permission to bring his legal representatives on record.

It is stated in the application that the delay caused is of 441 days. However, the learned Advocate for the applicant states that the delay is of around 700 days, if calculated from the date of demise of non-applicant. A statement is made in the application that the applicant was not aware about the demise of the non-applicant. It is also stated in the application that connected Second Appeal

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14.cas.790.2025.odt

bearing No.312 of 2019 is already admitted and is still pending for final hearing.

In view of the reasons mentioned above, application for condonation of delay in filing civil application for bringing legal representatives of deceased non-applicant is allowed, abatement of appeal against nonapplicant is set aside and permission is granted to bring the names of legal representatives of deceased non-applicant on record, subject to costs of Rs.10,000/- to be paid by applicant with District Bar Association, Akola,

Necessary amendment be carried out on or before 24.12.2025 .

List the appeal for hearing on admission on 21.01.2026 .

Appeal be heard with Second Appeal No.312 of 2019.

(ROHIT W. JOSHI, J.)

C.L. Dhakate