Created by Fuzzy Cloud

Bombay High Court

SYED ARIFULLA SYED AHMEDULLA HASHAMI AND ANOTHERversusAKHTAR BEGUM ABDUL GAFUR MOMIN LRS ABDUL GAFUR MOMIN AND OTHERS

Disposal
APPLICATION ALLOWED

Holding

The court condoned the delays, set aside the abatement, restored the second appeal to its original stage, and allowed the related applications.

Summary

The High Court of Bombay, Aurangabad Bench, dealt with a second appeal (No. 104 of 1988) and several related civil applications concerning procedural delays. The court issued a notice to Respondents 3 and 6 after learning that their counsel, Mr. P.R. Deshmukh, had died. It fixed a final hearing date for the second appeal and allowed an application to set the appeal for hearing. The court condoned an 810‑day delay in filing an application to bring the legal representatives of a deceased respondent on record, set aside the abatement, and granted permission to amend the pleadings. It also condoned a 965‑day delay in another application seeking restoration of a second appeal to its original stage, ordering the appeal be restored subject to removal of office objections. All applications were allowed and disposed of, with costs imposed for non‑compliance with amendment deadlines.

Issues considered

  • Whether the delay of 810 days in filing the application to bring the legal representatives of a deceased respondent on record should be condoned.
  • Whether the abatement of the proceeding should be set aside.
  • Whether the delay of 965 days in filing an application for restoration of a second appeal to its original stage should be condoned.
  • Whether the second appeal should be restored subject to removal of office objections.

Subjects

  • condonation of delay
  • abate
  • restoration of appeal
  • civil procedure
  • notice issuance
  • court orders

Judgment

                                               925 SA NO. 104 OF 1988.odt


      IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                 BENCH AT AURANGABAD
             925 SECOND APPEAL NO. 104 OF 1988

        Syed Abdul Haq @ Alimoddin (l.rs.) Syed Mukhtar.
                            VERSUS
       Syed Arifulla Syed Ahemadulla Hashmi And Others.
                               ...
Mr. Rajeev B Deshmukh, Advocate for Appellant
Mr. V. M. Maney, Advocate for Applicant in CA/13083/2024
                             WITH
 CIVIL APPLICATION NO. 10372 OF 2024 IN SA/37/2022WITH
   CIVIL APPLICATION NO. 700 OF 2022 IN SA/37/2022WITH
CIVIL APPLICATION NO. 4468 OF 2025 IN CA/13083/2024WITH
             SECOND APPEAL NO. 37 OF 2022WITH
 CIVIL APPLICATION NO. 13083 OF 2024 IN SAST/16370/2021
                               ….

                   CORAM : SANJAY A. DESHMUKH, J.
                      DATE : 28.08.2026
PER COURT :-

SECOND APPEAL NO. 104 OF 1988

1.         As per the office endorsement, learned Advocate Mr. P.

R. Deshmukh appearing for Respondent Nos.3 and 6 is no more.

2.         In view of the above, issue notice to Respondent Nos.3

and 6, returnable on 11.09.2026.

CIVIL APPLICATION NO. 10372 OF 2024 IN SA/37/2022

1.         This is an application for fixing the appeal for final

hearing.

2.         Perused the application. For the reasons stated therein,



                                                                 1 of 5
                                   (( 2 ))      925 SA NO. 104 OF 1988


the application is allowed and disposed of.

3.         Fix Second Appeal No.37 of 2022 for final hearing on

11.09.2026 at 10:30 a.m.

CIVIL APPLICATION NO. 4468 OF 2025

1.         Heard learned Advocates for both sides.


2.         This is an application for condonation of 810 days delay

caused in filing the Civil Application for bringing the legal

representatives of deceased Respondent No.9 on record as well as for

setting aside abatement and permission to bring the L.Rs. of deceased

Respondent No.9 on record.

3.         Learned Advocates for the respondents strongly opposed

the application.

4.          Perused the application. Considering the reasons stated

therein, it appears that the delay is not deliberately caused. Hence,

the application deserves to be allowed in the interest of justice.

Hence, the following order:

                             ::ORDER::

      a.    The application is allowed in terms of prayer
      clauses ‘B’ and ‘C’.

      b.    The delay of 810 caused in filing the Civil
      Application for bringing the legal representatives of

                                                                2 of 5
                                    (( 3 ))       925 SA NO. 104 OF 1988


      deceased Respondent No.9 on record is condoned.

      c.      The abatement is set aside.

      d.      Permission to bring the legal representatives of
      of deceased Respondent No.9 on record is granted.
      The amendment be carried out within a period of two
      weeks from today. If the amendment is not carried
      out within the stipulated period, the applicants shall
      be liable to pay costs of Rs.2,000/- to the Advocates’
      Chambers       Allottees   Maintenance     Co-operative
      Society,     High    Court     Premises,    Chhatrapati
      Sambhajinagar.


SECOND APPEAL NO. 37 OF 2022

1.         Re-issue notice to Respondent No.4, returnable on

11.09.2026.


CIVIL APPLICATION NO. 13083 OF 2024 IN SAST/16370/2021

1.         This is an application for condonation of delay of 965 days

caused in filing the present Civil Application and for setting aside the

order dated 09.03.2022 passed by the learned Registrar (Judicial) for

non-removal of office objections and for restoring Second Appeal (ST)

No.16370 of 2021 to its original stage.


2.         Heard learned Advocate for the Applicant. He submits that,



                                                                  3 of 5
                                   (( 4 ))        925 SA NO. 104 OF 1988


due to the COVID-19 pandemic, the office objections could not be

noted. Consequently, a conditional order came to be passed for non-

removal of the office objections, and registration of the Second

Appeal was refused.    He further submits that the delay caused in

filing the present application is not deliberate and prays that Second

Appeal (St.) No.16370 of 2021 be restored to its original stage.


3.        Perused the application. Considering the reasons stated

therein, it appears that the delay has not been caused deliberately.

Therefore, the application deserves to be allowed in the interest of

justice. Hence, the following order:

                              ::ORDER::

a.        The application is allowed in terms of prayer clause ‘B’.

b.        The delay of 965 days caused in filing the Civil Application

          for restoration of Second Appeal (St.) No.16370 of 2021 to

          its original stage is condoned.

c.        Second Appeal (ST) No.16370 of 2021 is restored to its

          original position, subject to removal of the office objections

          on or before 11.09.2026.

d.        The Civil Application is disposed of.



                                       [ SANJAY A. DESHMUKH, J. ]

                                                                  4 of 5
           (( 5 ))   925 SA NO. 104 OF 1988


HRJadhav




                                     5 of 5


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.