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 both applications are condoned, restoring the writ petition and allowing the inclusion of the deceased respondent’s legal representative.
Summary
The petitioners filed two civil applications seeking (i) restoration of a dismissed writ petition on the ground of procedural delay, and (ii) the inclusion of the legal representative of a deceased respondent. The Court noted a two‑day delay in the first application and a 710‑day delay in the second, but condoned both delays after considering the reasons advanced. It ordered that the writ petition be restored to its original position and permitted the petitioners to amend the petition to name the deceased respondent’s legal representative within two weeks. The matter was then listed for final disposal, with interim relief to continue. Notices were issued to all respondents for a hearing on 30‑09‑2026.
Issues considered
- Whether the delay in filing the civil application for restoration of the writ petition can be condoned.
- Whether a civil application filed after a long delay can be allowed to bring on record the legal representative of a deceased respondent.
Subjects
- civil procedure
- writ petition
- condonation of delay
- legal representative of deceased
- amendment of parties
- restoration of petition
Judgment
2026:BHC-AUG:40226
(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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