Bombay High Court

SURYAKANT HAVGIRAO DONGAONKAR DEAD THROUGH LRS SHANTABAI SURYAKANT DONGAONKAR AND ANOTHERversusAKBAR KARIM SAB SHAIKH AND OTHERS

Disposal: APPLICATION ALLOWED

Holding

The court condoned the delay, set aside the abatement, and allowed the petition to bring the deceased respondent's legal representatives on record subject to costs and amendment requirements.

Summary

The applicant filed a civil application seeking condonation of a delay of over 2,100 days, setting aside the abatement of the suit, and permission to bring the legal representatives of a deceased respondent on record. The court noted the substantial delay but found it was not deliberate and therefore condoned it. The abatement was set aside, and the court granted permission to the appellants to bring the deceased respondent's legal representatives on record, subject to a cost deposit of Rs.3,000 and a requirement to amend the pleadings within two weeks. The court warned that failure to amend would attract an additional cost of Rs.2,000. The order also directed the listing of the second appeal for 21 September 2026. Consequently, the civil application was disposed of in the applicant's favour.

Issues considered

Whether the delay of over 2,100 days in filing the application for condonation can be condoned.
Whether the abatement of the suit should be set aside.
Whether the legal representatives of a deceased respondent may be brought on record.

Subjects

condonation of delay
abatement
legal representatives of deceased
civil procedure
High Court

Judgment

                                        1                         965 ca.10086.26.odt


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                      BENCH AT AURANGABAD.
                965 CIVIL APPLICATION NO. 10086 OF 2026
                             IN SA/603/2018

    SURYAKANT HAVGIRAO DONGAONKAR DEAD THROUGH LRS
       SHANTABAI SURYAKANT DONGAONKAR AND ANOTHER
                                 VERSUS
               AKBAR KARIM SAB SHAIKH AND OTHERS
                                     ...
Advocate for Applicant : Mr. Adwait Milind Joshi, h/f Mr. Patil Milind.
                                     ...

                                 WITH
                    SECOND APPEAL NO. 603 OF 2018
                                 WITH
                   CIVIL APPLICATION NO. 9230 OF 2018
                             IN SA/603/2018
                                   ...


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

P.C.:

CIVIL APPLICATION NO. 10086 OF 2026

1        This application is filed for condonation of delay, setting aside
abatement and permission to bring the legal representatives of
deceased respondent No.2 on record.


2        Perused the application. There is delay of 2148 days caused for
setting aside the abatement and 2208 days days caused in filing this
application.


3        For the reasons stated in the application, the application
deserves to be allowed, as the delay has not been caused deliberately
or intentionally. Hence, the delay is condoned. The abatement is set
aside.     Permission is granted to the appellants to bring the legal
representatives of deceased respondent No.2 on record, subject to the
                                            2                         965 ca.10086.26.odt


      appellants depositing costs of Rs.3,000/- with the Advocates
      Chambers Allottees Maintenance Co-operative Society, High Court
      Premises, Aurangabad. Necessary amendment be carried out within a
      period of two weeks from today. Civil Application No.10086 of 2026
      stands disposed of.


      4     It is made clear that if the amendment is not carried out within
      the stipulated period, then the appellants will require to deposit
      additional costs of Rs.2000/- with the Advocates Chambers Allottees
      Maintenance Co-operative Society, High Court Premises, Aurangabad.


      5     The learned counsel for the appellants further points out the
      order dated 23rd August, 2019 passed by this Court in Civil Application
      No.6398 of 2019, whereby the application for bringing the legal
      representatives of the sole appellant on record was allowed. However,
      the necessary amendment has not been carried out for more than
      seven years. The delay itself shows how the matter has become old.
      However, in the interest of justice, the oral prayer made by the learned
      counsel for the appellants is allowed, with a direction to the appellants
      to carry out the necessary amendment within two weeks from today, as
      per the the order dated 23rd August, 2019 passed by this Court in Civil
      Application No.6398 of 2019, subject to depositing costs of Rs.7,000/-
      with the Advocates Chambers Allottees Maintenance Co-operative
      Society, High Court Premises, Aurangabad, towards the delay caused
      due to non-compliance with the said order.


      6     List the second appeal on 21st September, 2026.




                                            [ SANJAY A. DESHMUKH, J. ]
nga

Continue reading with your account

Checking your session…