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//
Checking your session…