Machindra Dadarao Mate and Another v. Vishwanath Sopan Mate and Others
Case brief
What is this about?
Restoration of Regular Civil Appeal dismissed for want of prosecution; failure to take steps against unserved respondent no.3(A); notice returned unserved (door locked); re-issuance of summons; petitioners' counsel absent on call-out date; writ petition allowed; RCA No.68/2010 (Osmanabad) restored to original file; time-bound direction to Appellate Court to decide appeal within six months; condonation of delay for bringing legal heirs of Respondent No.2 and Petitioner No.2 on record (Civil Application No.2290/2026, Prayer Clause 'B'); connected Civil Application No.12682/2021; counsel argued Appellate Court adopted hyper-technical approach; Bombay High Court, Aurangabad Bench; Siddheshwar S. Thombre, J.; decided 25.03.2026.
What did the court decide?
Writ petition allowed; order dated 19.12.2018 passed below Exhibit-1 by the Ad-hoc District Judge, Osmanabad in RCA No.68/2010 quashed and set aside; Regular Civil Appeal No.68/2010 restored to its original file; Appellate Court directed to decide the appeal within six months; Civil Application No.2290/2026 allowed in terms of Prayer Clause 'B' (legal heirs of Respondent No.2 and Petitioner No.2 permitted on record with delay condoned, amendment within one week); pending civil applications, if any, disposed of.