Bombay High Court

LAXMAN DHONDIBA GAIKWAD (MALI) DECEASED THRU. LRS. ASHOK LAXMAN GAIKWAD AND ORS.versusEKBALSHAH NIZARSHAH AND ANOTHER

Disposal: DISPOSED OFF
Bench: SHAILESH P BRAHME

Holding

The seven‑day delay is condoned and the legal heir may be brought on record.

Summary

The applicants filed a civil application seeking condonation of a seven‑day delay in bringing the legal heir of the deceased applicant No. 7, Wanubai Radhakishan Bhujbal, on record. The court examined the justification for the delay and the discrepancy in the name as it appeared on the death certificate (Valubai). It held that the delay was excusable, condoned it, and allowed the heir to be recorded despite the name variation. The court also directed that the necessary amendment be effected within two weeks. Consequently, the civil application was allowed and the matter was disposed.

Issues considered

Whether a delay of seven days in filing an application to bring a legal heir on record can be condoned.
Whether a discrepancy in the name of the deceased in the death certificate precludes the heir from being recognized.
Whether the court may order an amendment to be made within a specified period.

Subjects

condonation of delay
legal heirs
death certificate
amendment
civil revision
High Court

Judgment

2026:BHC-AUG:5444

1 67 ca 1218.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

CIVIL APPLICATION NO. 1218 OF 2026
IN
CIVIL REVISION APPLICATION NO. 09 OF 2017

Laxman Dhondiba Gaikwad (Mali)
Since deceased through his L.Rs.
Ashok Laxman Gaikwad and others .. Applicants

Versus

Ekbalshah Nizarshah and another .. Respondents

Shri Ajeet D. Kasliwal, Advocate for the Applicants.
Shri Afzal I. Shaikh, Advocate Shri Mujtaba Gulam Mustafa,
Advocate for the Respondent No. 1.

CORAM : SHAILESH P. BRAHME, J.
DATE : 06TH FEBRUARY, 2026.

FINAL ORDER :

. Applicants seek condonation of delay of 07 days caused in
filing application for bringing the legal heirs of the deceased
applicant No. 7 – Wanubai Radhakishan Bhujbal.

2. For the reasons stated in the application the civil
application is allowed. The delay stands condoned. Legal heirs
of the deceased applicant No. 7 are permitted to be brought on
record. The civil application is disposed of.

3. It is clarified that although in the death certificate name of
the deceased is mentioned as Valubai, learned counsel for the
2 67 ca 1218.26

applicants informs that she is the same applicant No. 7. Office
shall not raise objection to that effect.

4. Amendment shall be carried out within a period of two (02)
weeks from today.

[ SHAILESH P. BRAHME J. ]

bsb/Feb. 26

Continue reading with your account

Checking your session…