Likhiram S/O Kisanji Nagpure (Dead) through Lrs. Smt. Motibai Wd/O Likhiram Nagpur and Others v. Patiram K. Nagopure (Dead) Chhatrapati P. Nagpure (Dead) through Lrs. Pushpabai C. Nagpure and Ors.
Case brief
What is this about?
Cross Objection St. No.171 of 2017 in Second Appeal No.469 of 2014; Nagpur Bench; Rohit W. Joshi, J.; order dated 23/01/2026; suit for partition and separate possession; condonation of delay 763 days; condonation of delay 1243 days; abatement of cross-objection set aside; cross-objector Nos.1, 7 and 21; legal representatives brought on record; substitution; deceased Respondent Nos.1-B, 1-C(vi), 5; oral motion; lis pendens transferee added as respondent in cross-objection; addition of parties; temporary injunction; status quo over suit properties; restraint on creating third party interest; properties alienated pending appeal; CAO Nos.55, 56, 57, 58, 59, 60 of 2026; CAO Nos.438 and 439 of 2021; costs Rs.5,000/- and Rs.15,000/- Public Welfare Account; amendment deadlines; notice returnable 12.03.2026; appeal listed for final hearing week commencing 09.03.2026.
What did the court decide?
All the civil applications were granted: delays of 763 days and 1243 days condoned for bringing the legal representatives of deceased appellant Nos.1 and 7 in the cross-objection (costs of Rs.5,000/- each); abatements of the cross-objection set aside against cross-objector Nos.1, 7 and 21 with permission to substitute legal representatives; legal representatives of deceased Respondent Nos.1-B, 1-C(vi) and 5 permitted to be brought on record in the cross-objection and second appeal on oral motion (costs of Rs.15,000/- on the appellants); lis pendens transferees added as respondents in the cross-objection; and a temporary injunction granted directing both sides to maintain status quo and refrain from creating third-party interests in the suit properties till final disposal of the appeal. Total costs Rs.25,000/- payable to the Public Welfare Account; amendments ordered; the second appeal listed for final hearing in the week commencing 09.03.2026.