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Bombay High Court

KESARBAI INDALSING DANGAR THR GENERAL POWER OF ATTORNEY INDALSINGH POONAMCHAND DANGAR ANOTHERversusZUMRABAI JAISINGH DANGAR DIED THR LRS RESPONDENT NO 2 AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court held that the delays in filing both civil applications are condoned, restoring the writ petition and permitting the substitution of the deceased respondent’s legal representative.

Summary

The petitioners filed two civil applications seeking procedural relief in a writ petition. The first application requested restoration of the writ petition after it had been dismissed for the petitioners' inaction, and the court condoned a two‑day delay in filing, thereby restoring the petition. The second application, filed 710 days later, sought to substitute the deceased respondent No.2 with a legal representative (respondent No.2A) and the court also condoned the delay, allowing the substitution and permitting amendment of the petition title. The court directed that the petition be amended within two weeks and set a notice date for final disposal. Interim relief, if any, was to continue pending the next hearing.

Issues considered

  • Whether a delay of two days in filing a civil application for restoration of a writ petition can be condoned.
  • Whether a delay of 710 days in filing a civil application to substitute a deceased respondent with a legal representative can be condoned and the substitution allowed.

Subjects

  • civil application
  • restoration of writ petition
  • condonation of delay
  • substitution of legal representative
  • deceased respondent
  • procedural law

Judgment

2026:BHC-AUG:40225



                                                (1)                     918 CA 10032 OF 2026


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                             918 CIVIL APPLICATION NO. 10032 OF 2026
                                          IN WP/254/2024
                                              WITH
                               CIVIL APPLICATION NO. 10033 OF 2026
                                          IN WP/254/2024

              KESARBAI INDALSING DANGAR THR GENERAL POWER OF ATTORNEY
                        INDALSINGH POONAMCHAND DANGAR ANOTHER
                                             VERSUS
             ZUMRABAI JAISINGH DANGAR DIED THR LRS RESPONDENT NO 2 AND
                                             OTHERS
                                                 ...
           Mr. Amol Gandhi h/f. Mr. P. S. Mehta, Advocate for Applicants
           Mr. S. N. Kendre, AGP for Respondent-State
           Mr. N. S. Muthiyan, Advocate for Respondent No.3
                                                 …

                                            CORAM     : AJIT B. KADETHANKAR, J.
                                            DATE      : 02.09.2026

           PER COURT :-

           CIVIL APPLICATION NO. 10032 OF 2026 IN WP/254/2024

           .              Heard.


           2.             This Civil Application is for seeking restoration of the writ

           petition. The writ petition was dismissed for failure on the part of the

           petitioners to take steps. There is delay of two days in filing the present

           application.
                                        (2)                     918 CA 10032 OF 2026


3.           For the reasons stated in the application, the same stands allowed.

Delay caused in filing the application stands condoned. The writ petition

stands restored to its original position.


CIVIL APPLICATION NO. 10033 OF 2026 IN WP/254/2024

4.           Mr. Gandhi, learned Advocate for the applicants submits that this

Civil Application is filed for taking steps against respondent No.2. He would

submit that it is learnt that respondent No.2 is died and hence this application

is filed for bringing on record respondent No.2A as legal representative of

deceased respondent No.2. There is delay of 710 days in filing this application.


5.           For the reasons stated in the application, the application stands

allowed.


6.           The petitioners are permitted to amend the title of the petition

and applications therein, if any, by incorporating the name of respondent

No.2A as legal representative of deceased respondent No.2. Amendment be

carried out within two weeks from today.


WRIT PETITION NO.254 OF 2024

7.           As such, in view of the order passed by this Court in Civil

Application No.10033 of 2026, it is already recorded that the petitioners have
                                        (3)                            918 CA 10032 OF 2026


taken steps against respondent No.2.


8.           Parties are put to notice that the matter shall be heard for final

disposal, if time permits.


9.           Issue notice to all the respondents, returnable on 30.09.2026.


10.          Interim relief, if any, to continue till the next date.




                                                      [AJIT B. KADETHANKAR, J.]
PRW


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