Bombay High Court
PRAVINKUMAR EKNATH KANADE AND ORS.versusSULOCHANA GOVIND KALE AND ANR.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court set aside any abatement order and allowed the application to bring the legal heirs on record.
Summary
The appellants filed a civil application to bring the legal heirs of Appellant No.2 onto the record after his death on 22 December 2025. The application noted a delay of 170 days in filing the request. The court examined whether the delay justified the abatement of the appeal and whether the heirs could still be added. It held that the delay did not warrant abatement and set aside any abatement order. The application was allowed as per prayer clauses B, C and D, and the parties were directed to make the necessary amendment within two weeks, after which the matter was disposed.
Issues considered
- Whether the legal heirs of a deceased appellant can be brought on record despite a 170‑day delay.
- Whether an abatement order should stand in view of the delay.
Subjects
- legal heirs
- abatement
- civil application
- delay
- succession
- amendment
Judgment
2026:BHC-AUG:42556
1 934-FA-1772-2009.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
934 FIRST APPEAL NO. 1772 OF 2009
Pravinkumar Eknath Kanade And Anr.
VERSUS
Sulochana Govind Kale And Anr.
WITH
CIVIL APPLICATION NO. 10478 OF 2026
IN FA/1772/2009
Pravinkumar Eknath Kanade And Ors.
VERSUS
Sulochana Govind Kale And Anr.
...
Adv. P B Shirsath for the Applicants/Appellants.
….
CORAM : MANJUSHA DESHPANDE, J.
DATE : 10.09.2026
PER COURT :
1. This Civil Application has been filed by the Applicants, who
are the Appellants in the First Appeal for bringing the legal heirs of
Appellant No.2 in the Appeal. The Appellant No.2 has expired on 22 nd
December, 2025. Therefore, the legal heirs of Appellant No.2 are required
to be brought on record. The names of the legal heirs are mentioned in
the title clause of the application at Serial No.2(A) to 2(C). There is a
delay of 170 days in bringing the legal heirs on record.
2. In view thereof, the abatement order, if any, is set aside. The
Civil Application is allowed in terms of Prayer Clauses [B], [C] and [D]
and accordingly the same is disposed off.
Sunny Thote
2 934-FA-1772-2009.odt
3. Necessary amendment to be carried out within a period of
two weeks.
[ MANJUSHA DESHPANDE, J. ]
Sunny Thote
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