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Bombay High Court

JAYANT VITTHAL DAWKHARE AND OTHERSversusJANARDHAN DIGAMBAR DAWKHARE AND OTHERS

Disposal
DISPOSED OFF

Holding

The court condoned the delay and allowed the incorporation of Vaishali Ashok Wavdhane as the legal representative of the deceased petitioner.

Summary

The petitioners sought to bring the legal representative of the deceased petitioner No.6, Ms. Kusum Vitthalrao Dawkhare, on record, despite a delay of 2,280 days in filing the application. The court examined whether such a delay could be condoned and whether the additional representative, Ms. Vaishali Ashok Wavdhane, could be added to the proceedings. Considering that the other legal representatives were already on record and the dispute had been ongoing since 2016, the court found the delay justifiable. Accordingly, the court condoned the delay and granted permission to incorporate Ms. Wavdhane’s name as a legal representative, subject to amendment by 30 September 2026. The civil application was thereafter disposed of.

Issues considered

  • Whether a delay of 2,280 days in filing an application to bring a deceased petitioner’s legal representative on record can be condoned
  • Whether the name of an additional legal representative may be incorporated after such delay

Subjects

  • legal representative
  • condonation of delay
  • amendment of parties
  • civil application
  • succession

Judgment

2026:BHC-AUG:41462


                                                     1                      933-ca-10330-2026.odt


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                    BENCH AT AURANGABAD
                               CIVIL APPLICATION NO. 10330 OF 2026
                                         IN WP/7473/2018

                                 Jayant Vitthal Dawkhare And Others
                                               VERSUS
                              Janardhan Digambar Dawkhare And Others
                                                  ...
                      Advocate for the Applicants : Mr. P.P. Patni h/f Bajaj Anil S.
                           Advocate for Respondent No.4 : Mr. A.G. Talhar
                   Advocate for Respondent Nos.1 & 6 : Mr. P.N. Karande h/f Mr. K.N.
                                               Shermale
                                                  ...
                                               CORAM : ROHIT W. JOSHI, J.
                                              DATED      : SEPTEMBER 08, 2026
              P.C.:

              1.         Petitioner No.6 – Kusum Vitthalrao Dawkhare has expired on

              03.03.2020. This is an application for bringing her legal representative

              on record. Petitioner Nos.1 to 5 are sons and daughters of deceased

              petitioner no.6, as such her legal representatives. Apart from Petitioner

              Nos.1 to 5, deceased Petitioner No.6 is survived by another daughter

              named Vaishali Ashok Wavdhane.

              2.         There is delay of 2280 days in filing the application for

              bringing legal representatives of deceased petitioner no.6 on record.

              3.         Having regard to the fact that other legal representatives

              except Vaishali Ashok Wavdhane are already on record and also having

              regard to the fact that the petitioners are contesting the dispute since

              the year 2016, the delay deserves to be condoned.
                                                   2                     933-ca-10330-2026.odt


             4.       In view of the above, the delay is condoned. Permission is

             granted to incorporate name of Vaishali Ashok Wavdhane as legal

             representative of deceased Petitioner No.6 in addition to Petitioner

             Nos.1 to 5. Necessa ry amendment be carried out before 30.09.2026.

             5.       Civil Application is disposed of.




                                                          [ROHIT W. JOSHI J.]




Mujaheed//


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