Bombay High Court

MADHUKAR SHRIPAT GADHAVE DIED THR LRS BEBABAI AND ORSversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SHAILESH P BRAHME

Holding

The court condoned the delay, set aside the abatement, and granted leave to bring the legal heirs on record.

Summary

The applicants, legal heirs of the deceased sole claimant Madhukar Shripat Gadhve, sought condonation of a 1,228‑day delay in setting aside an abatement order and in bringing the heirs on record. The court examined whether the cause of action survived against the heirs and whether the delay was justified. Finding that the cause of action did survive and that the delay was unintentional, the court condoned the delay, set aside the abatement, and granted leave to record the legal heirs. Consequently, the civil application was allowed. Both parties were directed to make the necessary amendments to the proceedings.

Issues considered

Whether the 1,228‑day delay in setting aside the abatement can be condoned
Whether the cause of action survives against the legal heirs of the deceased claimant
Whether the abatement order should be set aside and the heirs be allowed to be brought on record

Subjects

condonation of delay
abatement
legal heirs
succession
civil procedure

Judgment

                             1                  24-CA.12729-25.odt


       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

          24 CIVIL APPLICATION NO. 12729 OF 2025
                     IN FAST/35226/2019

     MADHUKAR SHRIPAT GADHAVE DIED THR LRS BEBABAI
                        AND ORS
                        VERSUS
          THE STATE OF MAHARASHTRA AND ANR
                              ...
           Advocate for Applicants : Mr. Rodge S. N.
          AGP for Respondent/s-State : Mr. N. D. Raje.
                              ...

                           CORAM : SHAILESH P. BRAHME, J.
                           DATE : 13.01.2026

PER COURT :-


1.     Heard both sides.


2.     Applicants seek to condone delay of 1228 days in setting

aside abatement and bringing legal heirs of sole claimant

Madhukar Shripat Gadhve on record.


3.     The cause of action survives as against the legal heirs.

They are necessary parties. The delay is unintentional. The

delay stands condoned, abatement is set aside and leave is

granted to bring legal heirs of deceased claimant on record.


4.     Civil application is allowed.


5.     Both parties shall be at liberty to carry out necessary

amendment.
                             2                     24-CA.12729-25.odt




First Appeal


6.      Admit.


7.      Learned AGP waives service of notice for respondent

No.1/State.


8.      Call for Record and Proceedings from the concerned

Court.


9.      Print is dispensed with.




                                         (SHAILESH P. BRAHME, J.)

                                   ...

vmk/-

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