Bombay High Court

SHIVPRASAD SITARAM TAPDIA DIED THROUGH HIS LRS VIJAY SHIVPRASAD TAPDIA AND OTHERSversusKACHRULAL PREMRAJ BHANDARI DIED THROUGH LRS SUNIL KACHRULAL BHANDARI AND OTHERS

Disposal: APPLICATION ALLOWED

Holding

The Court condoned the delays, set aside any abatement, and ordered amendment of the pleadings within two weeks.

Summary

The High Court of Bombay, Aurangabad Bench, considered two civil applications seeking condonation of delay in filing applications to bring the legal representatives of deceased parties on record. The first application sought condonation of a 3,994‑day delay, and the second sought condonation of a 413‑day delay. After hearing counsel, the Court found that the delays were not deliberate and, relying on the Supreme Court’s decision in Esha Bhattacharjee v. Managing Committee of Raghunathpur Nafar Academy (2013) 1 SCC 649, held that justice required condoning the delays. Consequently, the Court allowed both applications, set aside any abatement, and directed the parties to amend the pleadings within two weeks, failing which a cost of Rs.2,000 must be deposited. The second appeal was listed for 14 October 2026.

Issues considered

Whether a delay of 3,994 days in filing an application to bring a deceased appellant’s legal representatives on record can be condoned.
Whether a delay of 413 days in filing an application to bring a deceased respondent’s legal representatives on record can be condoned.
Whether the Supreme Court precedent in Esha Bhattacharjee v. Managing Committee of Raghunathpur Nafar Academy governs the condonation of such delays.

Subjects

condonation of delay
abatement
legal representatives
civil procedure
interest of justice
amendment of pleadings

Judgment

2026:BHC-AUG:46127


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                                                   -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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