Natthu S/O Lahu Katekhaye and 2 Others vs Vimalbai W/O Tulsidas Bhure and 2 Others — Bombay HC (2026) — LawSathi Research

Natthu S/O Lahu Katekhaye and 2 Others vs Vimalbai W/O Tulsidas Bhure and 2 Others — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Condonation of the delay of around 20 months in filing the application to bring the legal representatives of deceased appellant No.1 on record; setting aside of the abatement of Second Appeal No.317/2012 against appellant No.1; permission to bring his legal representatives on record, with necessary amendment before 20/02/2026 (Civil Applications Nos.132/2026 and 133/2026 allowed and disposed of). Civil Application No.180/2026 for bringing the legal representatives of deceased appellant No.1-c (expired 06/01/2026) allowed as filed within limitation, with amendment before 20/02/2026.

Issue for consideration

Whether the delay of around 20 months in filing the application for bringing the legal representatives of deceased appellant No.1 on record should be condoned, the abatement of the appeal against appellant No.1 set aside, and permission granted to bring his legal representatives on record. +1 more

Court's answer

The delay caused in filing the application for bringing the legal representatives of deceased appellant No.1 on record is condoned.

Ratio / Principle

The abatement of the appeal against appellant No.1 is set aside and permission is granted to bring his legal representatives on record.

Key takeaways

Civil Applications Nos.132/2026 and 133/2026 are allowed and disposed of accordingly.ratio¶¶17
The application for bringing the legal representatives of deceased appellant No.1-c on record, having been filed within limitation, is allowed.ratio¶¶21
Necessary amendment to bring the legal representatives on record is to be carried out before 20/02/2026.ratio¶¶21

Detailed headnote1 paragraphs

Bombay High Court (Nagpur Bench), Rohit W. Joshi, J., 09/02/2026 (Neutral Citation: 2026:BHC-NAG:2137) — Civil Applications Nos.132/2026 and 133/2026 in Second Appeal No.317/2012 (Natthu S/o Lahu Katekhaye and others v. Vimalbai W/o Tulsidas Bhure (Dead) through L.Rs.): Following the death of appellant No.1, the delay of around 20 months in filing the application to bring his legal representatives on record was condoned, having regard to the reasons in the applications and the pendency of appeals of earlier years; the abatement of the appeal against appellant No.1 was set aside and permission granted to bring his legal representatives on record, with amendment to be carried out before 20/02/2026. In Civil Application No.180/2026, the legal representatives of deceased appellant No.1-c (who died on 06/01/2026) were permitted to be joined, the application being within limitation, with the same amendment deadline.

2026:BHC-NAG:2137

1

SA 317 of 2012.odt

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

CIVIL APPLICATION (CAS) NO.132/2026

AND CIVIL APPLICATION (CAS) NO.133/2026 IN SECOND APPEAL NO.317/2012

Natthu S/o Lahu Katekhaye and others ...Versus…

Vimalbai W/o Tulsidas Bhure (Dead) through L.Rs. Murlidhar S/o Tulshiram Bhure and others

Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders

- - - - ----- ------------ - Ms A.R. Meshram, Advocate h/f Mr. B.W. Patil, Advocate for appellants Mr. Subhash Kalbande & Mr. Sujay Kalbande, Advocates for respondent Nos.1 (a to f) Mr. H.D. Dubey, AGP for respondent Nos.2 and 3

CORAM : ROHIT W. JOSHI, J. DATE : 09/02/2026

Appellant No.1 has expired. These applications are filed, seeking condonation of delay of around 20 months in filing application for bringing his legal representatives on record; setting aside abatement and permission to bring legal representatives on record.

For the reasons mentioned in the applications as also having regard to the fact that appeals of earlier years are also pending for final hearing, delay caused in filing application for bringing legal representatives of deceased appellant No.1 on record is condoned, abatement of appeal against appellant No.1 is set aside and permission is granted to bring his legal representatives on record. Necessary amendment to be carried out before 20/02/2026.

SA 317 of 2012.odt

2

Civil Applications are allowed and disposed of accordingly.

CIVIL APPLICATION (CAS) NO.180/2026

Learned Advocate for the appellants tenders across the bar copy of application for bringing legal representatives of deceased appellant No.1-c on record.

Office to register the application.

Appellant No.1-c has expired on 06/01/2026. This is an application for bringing his legal representatives on record. Civil Application is filed within limitation. Same is allowed. Necessary amendment to be carried out before 20/02/2026.

(ROHIT W. JOSHI, J.)

Wadkar

Signed by: S.S. Wadkar (SSW) Designation: PS To Honourable Judge Date: 09/02/2026 19:41:53