Bombay High Court

YESHWANTA ALIAS BABURAO RANBA NAGARGOJE DIED THROUGH LRS DHONDIRAM YANSWANTA NAGARGOJE AND OTHERSversusJADUBAI RAMCHANDRA NAGARGOJE

Disposal: APPLICATION ALLOWED

Holding

The court condoned both delays, restored the second appeal, set aside the abatement, and permitted the legal representatives of the deceased appellant to be placed on record.

Summary

The petitioners filed two civil applications seeking relief from procedural defaults. The first application (No.10098 of 2026) requested restoration of a second appeal dismissed for want of prosecution, citing a 98‑day delay that was not deliberate. The court condoned the delay and ordered the second appeal restored to its original position. The second application (No.10101 of 2026) sought condonation of a 1,606‑day delay, setting aside abatement and permission to bring the deceased appellant's legal representatives on record, relying on Supreme Court precedent. The court found the delay not intentional, condoned it, set aside the abatement, and allowed the legal representatives to be added. Both applications were allowed in the interest of justice.

Issues considered

Whether a 98‑day delay in filing an application for restoration of a second appeal can be condoned.
Whether a 1,606‑day delay in filing an application for condonation of abatement and inclusion of legal representatives can be condoned.
Whether the second appeal dismissed for want of prosecution should be restored to its original position.
Whether the abatement of the second appeal should be set aside and the deceased appellant's legal representatives be permitted to appear.

Subjects

second appeal
condonation of delay
abatement
restoration of appeal
legal representatives
civil procedure

Judgment

                                       1                         966 ca.10098.26.odt


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                    BENCH AT AURANGABAD.
                966 CIVIL APPLICATION NO. 10098 OF 2026
                             IN SA/743/1999

 YESHWANTA ALIAS BABURAO RANBA NAGARGOJE DIED THROUGH
       LRS DHONDIRAM YANSWANTA NAGARGOJE AND OTHERS
                                  VERSUS
                   JADUBAI RAMCHANDRA NAGARGOJE
                                      ...
Adv. for Applicant : Mr. Sameer S. Kurundkar, h/f Mr. Sunil V. Kurundkar.
                                      ...

                                 WITH
                  CIVIL APPLICATION NO. 10101 OF 2026
                             IN SA/743/1999
                                   ...


                                CORAM : SANJAY A. DESHMUKH, J.
                                DATE       :   03rd September, 2026.

Per Court:

CIVIL APPLICATION NO. 10098 OF 2026

1      Heard the learned counsel for the applicants.


2      This is an application for restoration of second appeal, which
was dismissed for want of prosecution by order dated 23rd December,
2025 passed by this Court in Second Appeal No.743 of 1999.


3      Perused the application. There is delay of 98 days caused in
filing this application.


4      Perusal of the application shows that the delay is not caused
deliberately and intentionally. Considering the reasons stated in the
application, the application deserves to be allowed in the interest of
justice. Hence, Civil Application No.10098 of 2026 is allowed in terms
                                       2                         966 ca.10098.26.odt


of prayer clause (B) and (C). The delay is condoned. The second
appeal be restored to its original position.


SECOND APPEAL :

5      Issue notice to the respondent, returnable on 1st October, 2026.


6      The learned counsel for the appellants seeks leave to serve the
respondent by private mode. Leave granted. In addition to regular
mode of service, private service, as is permissible in law, is permitted.


7      If the record and proceedings have not been sent back, the
Registry is directed not to send back the record and proceedings. If
the record and proceedings have already been sent back, the Registry
is directed to call back the record and proceedings.


CIVIL APPLICATION NO. 10101 OF 2026

8      This application is filed for condonation of delay, setting aside
abatement and permission to bring the legal representatives of
deceased appellant No.1 on record.


9      Perused the application. There is delay of 1606 days caused in
filing this application.


10     On perusal of the application, it appears that the delay is not
deliberately caused. Therefore, to decide the lis finally on merits and
in view of the law laid down by the Honourable Supreme Court in the
case of M. D. A. Chaudhary Vs. Kartar Chand and Ors.,
MANU/SC/0877/2025, the application deserves to be allowed, in the
interest of justice, as the delay is not deliberately caused.
                                         3                       966 ca.10098.26.odt




      11   For the reasons stated in the application, the application
      deserves to be allowed as the delay is not caused deliberately and
      intentionally. Hence, the delay is condoned. Abatement is set aside.
      Permission is granted to bring the legal representatives of deceased
      appellant No.1 on record.    Necessary amendment be carried out
      within a period of two weeks from today.      The Civil Application
      No.10101 of 2026 stands disposed of.



                                         [ SANJAY A. DESHMUKH, J. ]
nga

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