Bombay High Court
SHRIDHAR SHAHAJI GADHEKAR THROUGH LRS NATHA SHRIDHAR GADHEKAR AND OTHERSversusGOVINDSINGH JAGANNATHSINGH NAIK AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The application to bring the legal heirs on record and set aside the abatement is allowed, subject to a cost of Rs.2,000 payable by the petitioners.
Summary
The petition seeks to bring the legal heirs of petitioner No.7 on record, condone delay, and set aside the abatement of the petition against petitioner No.7 in a civil suit pending since 2011. The petition was originally filed in 2017, but petitioner No.7 died on 08-02-2024, creating a communication gap between the litigants and their counsel. The court recognized the long‑standing bona‑fide litigation and the reasonable explanation for the delay. It allowed the application, ordering the petitioners to pay Rs.2,000 as costs to the plaintiff, and scheduled a final hearing on 07-10-2026. The decision restores the petitioner's right to proceed with the suit despite the delay.
Issues considered
- Whether the court may condone the delay in bringing the legal heirs of a deceased petitioner on record
- Whether the abatement of the petition against the deceased petitioner can be set aside
- Whether costs may be imposed on the petitioners for the delay
Subjects
- legal heirs
- abatement
- condonation of delay
- civil suit
- costs
- communication gap
- bona fide litigation
Judgment
2026:BHC-AUG:42681
1 969-ca-10648-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 10648 OF 2026
IN WP/3420/2017
Shridhar Shahaji Gadhekar Through Lrs Natha Shridhar Gadhekar And
Others
VERSUS
Govindsingh Jagannathsingh Naik And Others
...
Advocate for Applicant : Mr. Vijay Ramrao Langhe
Advocate for Respondent No.7 : Mr. A.D. Kasliwal
...
CORAM : ROHIT W. JOSHI, J.
DATED : SEPTEMBER 11, 2026
P.C.:
1. This is an application for bringing legal heirs of petitioner
no.7 on record along with prayer for condonation of delay and setting
aside abatement of the petitioner against petitioner no.7. The petition
arises out of civil suit which is pending between the parties since the
year 2011.
2. Present petition is filed in the year 2017. Petitioner No.7
expired on 08.02.2024. It is stated in the application that with passage
of time, there was a communication gap between the petitioners and
advocate representing them. It is also stated that the petitioners were
not aware of the legal procedure relating to bringing of legal heirs on
record.
3. Having regard to the fact that the petitioners are litigating
bona fide since the year 2011, as also accepting the contention that
2 969-ca-10648-2026.odt
over a period of seven years from the date of filing of petition till the
demise of petitioner no.7, there may be a communication gap between
the advocate and litigants, the application is allowed.
4. However, having regard to the delay caused, cost of
Rs.2,000/- are imposed on the petitioners to be paid to the plaintiff.
5. List writ petition for final hearing at admission stage on
07.10.2026.
[ROHIT W. JOSHI J.]
Mujaheed//
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