Bombay High Court

VITHAL SATWAJI GITE DIED THROUGH LRS MADHAV VITTHALRAO GITE AND ANOTHERversusSUGREEV MANIK YADAV AND OTHERS

Disposal: APPLICATION ALLOWED

Holding

The Court allowed both applications, condoned the delays, and set aside the abatements.

Summary

The appellant, Vithal Satwaji Gite, filed Civil Application No. 10163 of 2026 seeking condonation of a 225‑day delay in bringing the legal representatives of the deceased appellant on record and to set aside an abatement. Simultaneously, Civil Application No. 10164 of 2026 was filed to condone a 2,267‑day delay in bringing the legal representative of Respondent No.5 on record and to set aside the same abatement. The Court, after hearing the applicant’s counsel, noted that the substantive dispute between the parties must be decided on merits and that justice required relief. Accordingly, the Court condoned the delays, set aside both abatements, and ordered the necessary amendments to be made within two weeks, extending the time by an additional two weeks with a cost condition. The second appeal was listed for hearing on 24 September 2026.

Issues considered

Whether the delay of 225 days in filing Application No. 10163 can be condoned
Whether the delay of 2,267 days in filing Application No. 10164 can be condoned
Whether the abatement of the respective applications should be set aside

Subjects

condonation of delay
abatement
civil procedure
amendment
second appeal

Judgment

                                                           ca10163.26
                                 -1-


       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

              913 SECOND APPEAL NO. 35 OF 1998
                             WITH
             CIVIL APPLICATION NO. 10164 OF 2026
                             WITH
             CIVIL APPLICATION NO. 10163 OF 2026
                         IN SA/35/1998

                          Vithal Satwaji Gite
                              VERSUS
                 Sugreev Manika Yadav And Ors.
                                  ...
Advocate for Appellant : Mr. B.N. Gadegaonkar
                                  …..

                    CORAM : SANJAY A. DESHMUKH, J.
                    DATED : 4th SEPTEMBER, 2026

PER COURT :-


1.       The civil application No. 10163 of 2026 is filed for

condonation of delay of 225 days caused in filing the application for

bringing the legal representatives of deceased appellant sole on

record and for setting aside the abatement.



2.       In so far as the civil application No. 10164 of 2026 is

concerned, the same is filed for condonation of delay of 2267 days

caused in filing the civil application for bringing the legal

representatives of respondent No.5 on record by setting aside the

abatement.
                                                             ca10163.26
                                  -2-

3.         Perused the applications. Heard learned advocate for the

applicant. For the reasons stated in the applications and considering

the fact that the lis between the parties is required to be decided on

merits and in the interest of justice, the applications deserve to be

allowed.



4.         Accordingly, the applications are allowed in terms of prayer

clauses “B” and “C”. Delay stands condoned. Abatement is set aside.

Amendment be carried out within two weeks from today.



5.         Time is also extended by two weeks to carry out the

amendment as per the order dated 20.8.2026, failing which the costs

amount of Rs.2000/- be deposited in the office of High Court Legal

Services Sub Committee, Aurangabad.



6.         List the second appeal on 24.09.2026.



                                   (SANJAY A. DESHMUKH, J.)

rlj/

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