Bombay High Court

SHIVAJI MARIBA JAWALE DIED THR LRS KUSHIVARTA A JADHAV AND ORSversusMANIK BAJIRAO SHINDE AND OTHERS

Disposal: DISPOSED OFF

Holding

The court condoned the delay, quashed the abatement, and permitted amendment of the writ petition’s title to include the legal representatives.

Summary

During the pendency of Writ Petition No. 9646 of 2023, the original petitioner, Shivaji Mariba Jawale, died. His legal representatives approached the court to file a civil application seeking condonation of a 20‑day delay in filing and to set aside the abatement of the writ petition that arose due to the petitioner's death. The court allowed the civil application, condoned the delay, quashed any abatement, and directed that the title of the writ petition be amended to include the legal representatives within four weeks. The application was thereafter disposed.

Issues considered

Whether a delay of 20 days in filing a civil application for condonation can be condoned.
Whether the abatement of the writ petition on account of the petitioner's death should stand.
Whether the title clause of the writ petition may be amended to reflect the legal representatives of the deceased petitioner.

Subjects

death of petitioner
legal representative
condonation of delay
abatement
amendment of title
civil application

Judgment

                                 1
                                               921-ca-10081-2026

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

              CIVIL APPLICATION NO. 10081 OF 2026
                        IN WP/9646/2023

Shivaji Mariba Jawale Died Thr Lrs Kushivarta A Jadhav And
                              Ors
                           VERSUS
              Manik Bajirao Shinde And Others
                               ...
Mr. V. P. Savant, Advocate for Applicants
Mr. S. P. Sonpawale, AGP for Respondent-State
Mr. P. D. Suryawanshi, Advocate for Respondent nos.1 to 3
                               ...

                            WITH
                WRIT PETITION NO. 9646 OF 2023
                             …..
                      CORAM : AJIT B. KADETHANKAR, J.
                       DATED : 04TH SEPTEMBER, 2026

P.C. :-

.         Mr. V. P. Savant, learned Advocate for the applicants

submits that during pendency of the writ petition, the original

petitioner namely Shivaji Mariba Jawale expired. He submits

that the legal representatives of deceased petitioner have

approached to him with a request to file the present civil

application. There is delay of 20 days caused in filing the

application.
                                  2
                                                  921-ca-10081-2026

2.       For the reasons stated in the application, the Civil

Application stands allowed. Delay caused in filing the present

application stands condoned. Abatement if any, stands

quashed and set aside.

3.       The Registry shall permit the applicants to amend the

title clause of the Writ Petition by incorporating their names

as legal representatives of deceased petitioner. Let such

amendment be carried out within a period of four weeks from

today.

4.       Civil Application stands disposed of.


                                      ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026

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