Bombay High Court

PRAKASH GAMBHIR MAHAJAN DIED THR LRS USHABAI P MAHAJAN AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The court condoned the delay and allowed the application to bring the legal heirs on record.

Summary

The petitioners, legal heirs of the deceased Prakash Mahajan and Rajendra Mahajan, filed an application to have their names placed on record, but did so after delays of 834 days and 450 days respectively. The respondents, the State of Maharashtra, opposed the application on the ground of the excessive delay. The court examined the reasons for the delay as set out in the petition and, applying the principles of condonation of delay under civil procedure, found them satisfactory. Consequently, the court exercised its discretion to condone the delay. The application was allowed, and the parties were directed to amend the pleadings within two weeks. The order was placed on the Board for 29 October 2026.

Issues considered

Whether the delay of 834 days and 450 days in filing the application to bring legal heirs on record can be condoned.

Subjects

delay
condonation
legal heirs
civil procedure
amendment

Judgment

                                           (1)                      ca10767.26


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                     15 CIVIL APPLICATION NO. 10767 OF 2026
                                IN WP/1493/2021

 PRAKASH GAMBHIR MAHAJAN DIED THR LRS USHABAI P MAHAJAN AND
                           OTHERS
                           VERSUS
            THE STATE OF MAHARASHTRA AND OTHERS

Mr. Y.V. Dharmadhikari h/f. Mr. A.G. Talhar, Advocate for the applicants.
Mr. P.S. Patil, AGP for the respondent-State.

                                       CORAM : KISHORE C. SANT &
                                               JITENDRA JAIN, JJ.
                                       DATE  : 16.09.2026
PC :-

01.                 This application is filed for bringing on record legal heirs of
deceased petitioner No.1 - Prakash Mahajan and deceased petitioner No.
6 – Rajendra Mahajan. Prakash died on 29.01.2024 and Rajendra died
on 16.02.2025. There is delay of 834 and 450 days respectively caused
in filing this application.


02.                 For the reasons stated in the application, the delay is
condoned. The application is allowed. Necessary amendment be carried
out within two weeks from today.              Place the petition on Board dated
29.10.2026.



          [JITENDRA JAIN, J.]                      [KISHORE C. SANT, J.]
snk/2026/Sep26/ca10767.26

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