Bombay High Court

SHIVPRASAD SITARAM TAPDIA DIED THROUGH LRS 1/A VIJAY SHIVPRASAD TAPDIA AND OTHERSversusKACHRULAL PREMRAJ BHANDARI DIED THROUGH LRS 1/A SUNIL KACHRULAL BHANDARI AND OTHERS

Disposal: APPLICATION ALLOWED

Holding

The Court held that, as the delays were not deliberate and in line with the principles laid down in Esha Bhattacharjee’s case, the delays must be condoned and any abatement set aside.

Summary

The petitioners filed two civil applications seeking condonation of delay in bringing the legal representatives of deceased parties on record—one for a delay of 3,994 days and another for 413 days. Both applications were heard, and the Court examined whether the delays were deliberate. Relying on the Supreme Court’s decision in Esha Bhattacharjee v. Managing Committee of Raghunathpur Nafar Academy (2013) 1 SCC 649, the Court found that the delays were not intentional. Consequently, the Court condoned the delays, set aside any abatement, and ordered the parties to amend their pleadings within two weeks, failing which a cost of Rs.2,000 must be deposited. The Court also listed the second appeal for hearing on 14 October 2026.

Issues considered

Whether a delay of 3,994 days in filing an application to bring the legal representative of a deceased appellant on record can be condoned.
Whether a delay of 413 days in filing an application to bring the legal representative of a deceased respondent on record can be condoned.
Whether any abatement resulting from the delays should be set aside.
Whether the parties should be permitted to amend their pleadings after condonation of delay.

Subjects

condonation of delay
abatement
amendment of pleadings
Civil Procedure Code
legal representatives of deceased
interest of justice

Judgment

2026:BHC-AUG:46126


                                                                              ca11436.26
                                                   -1-


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                              965 CIVIL APPLICATION NO. 11436 OF 2026
                                               WITH
                               CIVIL APPLICATION NO. 11437 OF 2026
                                         IN/WITH SA/249/1994

                  Shivprasad Sitaram Tapdia Died Through Lrs 1/a Vijay Shivprasad
                                           Tapdia And Others
                                               VERSUS
                   Kachrulal Premraj Bhandari Died Through Lrs 1/a Sunil Kachrulal
                                          Bhandari And Others
                                                    ...
                 Advocate for Applicant : Mr. Sunil P. Sonpawale
                 Advocate for Respondent Nos. R/2 and 4/2 : Mr. Y.V. Gondhe h/f Mr.
                 P. D. Bachate
                                                   …..

                                      CORAM : SANJAY A. DESHMUKH, J.
                                      DATED : 01st OCTOBER, 2026

                 PER COURT :-


                 1.         The civil application No. 11436 of 2026 is filed for

                 condonation of delay of 3994 days caused in filing the application for

                 bringing the legal representatives of deceased appellant sole on

                 record.



                 2.         Perused the application. Heard learned advocates for both

                 the sides.   For the reasons stated in the application, it appears that

                 the delay has not been caused deliberately. The application,

                 therefore, deserves to be allowed in the interest of justice and to

                 enable the lis between the parties to be decided finally on its merits,
                                                             ca11436.26
                                  -2-

in view of the law laid down by the Hon’ble Supreme Court in Esha

Bhattacharjee v. Managing Committee of Raghunathpur Nafar

Academy and Others, (2013) 1 SCC 649.



3.        Accordingly, the application is allowed. Delay stands

condoned. Abatement is set aside. Amendment be carried out within

two weeks from today, failing which the costs amount of Rs.2000/- be

deposited in the account of High Court, Legal Services Sub

Committee, Aurangabad.



4.        The civil application No. 11437 of 2026 is filed for

condonation of delay of 413 days caused in filing the application for

bringing the legal representatives of deceased respondent No.2 on

record.



5.        Perused the application. Heard learned advocates for both

the sides.   For the reasons stated in the application, it appears that

the delay has not been caused deliberately. The application,

therefore, deserves to be allowed in the interest of justice and to

enable the lis between the parties to be decided finally on its merits,

in view of the law laid down by the Hon’ble Supreme Court in Esha

Bhattacharjee v. Managing Committee of Raghunathpur Nafar

Academy and Others, (2013) 1 SCC 649.
                                                         ca11436.26
                                -3-



6.       Accordingly, the application is allowed. Delay stands

condoned. Abatement, if any, is set aside. Amendment be carried out

within two weeks from today, failing which the costs amount of

Rs.2000/- be deposited in the account of High Court, Legal Services

Sub Committee, Aurangabad.



7.       List the second appeal on 14.10.2026.



                                 (SANJAY A. DESHMUKH, J.)

rlj/

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