Mahadev Pundlik Lohande vs Smt. Mainabai Narayanrao Dabhekar — Bombay HC (2025) — LawSathi Research

Mahadev Pundlik Lohande vs Smt. Mainabai Narayanrao Dabhekar — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Civil Applications Nos. 815 to 817 of 2025 allowed: delay in filing the application for bringing legal representatives of the deceased appellant condoned; abatement of the appeal against the appellant set aside; present applicants brought on record as legal representatives of the deceased appellant; non-applicant Nos. 1 to 4 (Shakuntala W/o Mahadev Lohande, Naresh S/o Mahadev Lohande, Vijaya W/o Gajanan Sontakke, Suwarna W/o sanjayrao Bawane) incorporated as respondent Nos. 2 to 5 with liberty to move for transposition; appeal listed for hearing on admission on 23.12.2025.

Issue for consideration

Whether the delay caused in filing the application for bringing the legal representatives of the deceased appellant on record should be condoned. +2 more

Court's answer

The delay caused in filing the application for bringing the legal representatives of the deceased appellant on record is condoned.

Ratio / Principle

The abatement of the appeal against the (deceased) appellant is set aside.

Key takeaways

Permission is granted to bring the names of the present applicants on record as legal representatives of the deceased appellant.ratio¶13
The present applicants are brought on record as legal representatives of the deceased appellant, and the non-applicant Nos. 1 to 4 (Shakuntala, Naresh, Vijaya and Suwarna), being the second wife and children begotten by the deceased appellant, are to be incorporated as respondent Nos. 2 to 5 in the appeal.ratio¶16
The non-applicants (arrayed as respondent Nos. 2 to 5) may, if they deem fit, move an appropriate application for transposition.

Detailed headnote1 paragraphs

Bombay High Court (Nagpur Bench), Rohit W. Joshi, J., 10/12/2025 — Civil Applications (CAS) Nos. 815, 816 and 817 of 2025 in Second Appeal No. 52 of 2024 (Mahadev Pundlik Lohande v. Smt. Mainabai Narayanrao Dabhekar): The sole appellant having expired on 29.09.2024, the Court condoned the delay in filing the applications to bring his legal representatives on record, set aside the abatement of the appeal against the appellant, and permitted the applicants to be brought on record as his legal representatives. On the applicants' statement, the non-applicant Nos. 1 to 4 — Shakuntala W/o Mahadev Lohande (second wife of the deceased appellant) and Naresh, Vijaya and Suwarna (children begotten by him from her) — were ordered to be incorporated as respondent Nos. 2 to 5, with liberty reserved to them to move an appropriate application for transposition if they deem fit. Counsel for the sole respondent raised no objection. The appeal was directed to be listed for hearing on admission on 23.12.2025.

24.sa.52.2024.odt

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

CIVIL APPLICATION (CAS) NO.815 OF 2025 WITH CIVIL APPLICATION (CAS) NO.816 OF 2025 WITH CIVIL APPLICATION (CAS) NO.817 OF 2025

IN

SECOND APPEAL NO.52 OF 2024

Mahadev Pundlik Lohande .Vs. Smt. Mainabai Narayanrao Dabhekar

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

Court's or Judge's Order

Mr. R.S. Yeotkar, Advocate for applicant/appellant. Mr. J.R. Kidilay, Advocate for respondent/non-applicant.

CORAM : ROHIT W. JOSHI, J. DATE : 10/12/2025

The sole appellant has expired on 29.09.2024. These applications are filed for condonation of delay of appeal in bringing his legal representatives on record, setting aside abatement of appeal and for bringing his legal representatives on record.

The learned Advocate for the sole respondent has no objection for allowing the applications. The applications are accordingly allowed . Delay caused in filing application for bringing legal representatives of deceased appellant on record is condoned, abatement of appeal against appellant is set aside and permission is granted to bring the names of present applicants as legal representatives of deceased appellant on record.

The applicants have stated that apart from the applicants, non-applicant Nos.1 to 4 namely Shakuntala

2 24.sa.52.2024.odt

W/o Mahadev Lohande, Naresh S/o Mahadev Lohande, Vijaya W/o Gajanan Sontakke and Suwarna W/o sanjayrao Bawane, are also legal representatives. The non-applicant Nos.1 to 4 are second wife and children begotten by the deceased appellant from her. The learned Advocate for the applicants states that the non-applicant Nos.1 to 4 be arrayed in the appeal as respondent Nos.2 to 5 since they are not willing to contest the appeal along with the present applicants. The request is reasonable. The names of present applicants will be brought on record as legal representatives of deceased appellant and the names of non-applicant Nos.1 to 4 will be incorporated as respondent Nos.2 to 5. It will be open for the non-applicants to move appropriate application for transposition if they deem fit.

List the appeal for hearing on admission on 23.12.2025 .

(ROHIT W. JOSHI, J.)

C.L. Dhakate