Bombay High Court

DEELIP CHANDRAHAS DESHMUKH AND OTHERSversusDIGAMBAR MANOHARRAO KULKARNI (PATIL) DEAD THRU. LRS. MANISHA DIGAMBAR KULKARNI (PATIL) AND OTHERS

Disposal: APPLICATION ALLOWED

Holding

The application is allowed; the delay is condoned and the abatement is set aside.

Summary

The petitioners sought condonation of a 1,226‑day delay in filing an application to bring the legal representatives of the deceased respondent on record by setting aside an abatement. The High Court examined the application and heard counsel for both sides. Considering that the substantive dispute between the parties needed resolution on merits and that justice required it, the Court found the delay excusable. Consequently, the Court allowed the petition, condoned the delay, set aside the abatement, and directed the parties to amend the pleadings within two weeks, failing which a cost of Rs.2,000 would be payable to the Library of the Advocates’ Association. The Court also listed a Civil Revision Application for 28‑Oct‑2026.

Issues considered

Whether a delay of 1,226 days in filing an application to set aside an abatement can be condoned
Whether the abatement should be set aside and the legal representatives of the deceased be placed on record

Subjects

condonation of delay
abatement
civil procedure
high court
amendment of pleadings
legal representatives of deceased

Judgment

2026:BHC-AUG:44065


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                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                               CIVIL APPLICATION NO. 12424 OF 2024
                                       IN/WITH CRA/213/2019

                              Deelip Chandrahas Deshmukh and others
                                               VERSUS
                    Digambar Manoharrao Kulkarni (Patil) Dead Thru. Lrs. Manisha
                                 Digambar Kulkarni (Patil) and others
                                                  ...
                 Advocate for Applicant : Mr. Adwait M. Joshi h/f Mr. Milind Patil
                 Advocate for Respondent Nos. 2 and 3 : Shri P. R. Katneshwarkar,
                 senior advocate i/b Mr. Ankush N. Nagargoje
                                                  …..

                                       CORAM : SANJAY A. DESHMUKH, J.
                                       DATED : 24th SEPTEMBER, 2026

                 PER COURT :-


                 1.       This is an application for condonation of delay of 1226 days

                 caused in filing the application for bringing the legal representatives

                 of deceased respondent No.1 on record by setting the abatement.



                 2.       Perused the application. Heard learned advocates for the

                 respective parties.   For the reasons stated in the application and

                 considering the fact that the lis between the parties is required to be

                 decided on merits and in the interest of justice, the application

                 deserves to be allowed. The delay of 1226 days deserves to be

                 condoned.



                 3.       Accordingly, the application is allowed. Delay stands
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                                 -2-

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 the Library, Advocates’ Association of

Bombay High Court, Bench at Aurangabad.



4.       List the Civil Revision Application on 28.10.2026.



                                  (SANJAY A. DESHMUKH, J.)

rlj/

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