KAMLESH SHIVPRASAD GUPTA AND ANOTHER vs DAULAT SHANKARRAO AWALE AND OTHERS — CAS/489/2026

Case under Code of Civil Procedure Section ORDERXXIIRULE4. Disposed: --ALLOWED on 17th April 2026.

CNR: HCBM040131372026

CASE DISPOSED

Next Hearing

02nd May 2026

e-Filing Number

15-04-2026

Filing Number

CAS/8944/2026

Filing Date

16-04-2026

Registration No

CAS/489/2026

Registration Date

16-04-2026

Judge

HON'BLE SHRI JUSTICE YANSHIVRAJ GOPICHAND KHOBRAGADE

Coram

HON'BLE SHRI JUSTICE YANSHIVRAJ GOPICHAND KHOBRAGADE

Bench Type

Single

Judicial Branch

Civil

Decision Date

17th April 2026

Nature of Disposal

--ALLOWED

Acts & Sections

Code of Civil Procedure Section ORDERXXIIRULE4

Petitioner(s)

KAMLESH SHIVPRASAD GUPTA AND ANOTHER

Adv. SAHIL S. DEWANI

INAYATULLA KHAN SHAMIMULLA KHAN THROUGH POA KAMLESH GUPTA

Adv. Sahil Shyam Dewani

Respondent(s)

DAULAT SHANKARRAO AWALE AND OTHERS

MOHAMMAD MUSTAQ RANGOONWALA

PRAG PRAKASH BHANTIA

MOHAMMAD FIRROZ RANGOONWALA

Hearing History

Judge: HON'BLE SHRI JUSTICE YANSHIVRAJ GOPICHAND KHOBRAGADE

02-05-2026

Orders

17-04-2026
HON'BLE SHRI JUSTICE YANSHIVRAJ GOPICHAND KHOBRAGADE

Case Summary: CAS/489/2026 The Bombay High Court (Nagpur Bench) allowed the appellants' application to set aside the abatement of Respondent No. 1, who died on 23.11.2023. The court found the grounds for setting aside abatement and condoning the delay in filing the application to be bonafide and substantial, as the cause of action survives the respondent's death. The court permitted the appellants to substitute the deceased respondent's legal heirs on record within two weeks and disposed of a related application (CAS No. 1292/2025) as moot. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

Case Summary: CAS/489/2026 The Bombay High Court (Nagpur Bench) allowed the appellants' application to set aside the abatement of Respondent No. 1, who died on 23.11.2023. The court found the grounds for setting aside abatement and condoning the delay in filing the application to be bonafide and substantial, as the cause of action survives the respondent's death. The court permitted the appellants to substitute the deceased respondent's legal heirs on record within two weeks and disposed of a related application (CAS No. 1292/2025) as moot. This case analysis is maintained by casestatus.in based on publicly available court records.

Browse Related Cases

Cases under same legislation

Explore other courts

Search Another Case