Bombay High Court

BAPURAO LAXMAN GAWALI DIED THR LRS KAUSABAI BAPURAO GAWALI DIED AND OTHERSversusJANARDHAN BHUJANGRAO GARJE AND OTHERS

Disposal: DISPOSED OFF
Bench: SHAILESH P BRAHME

Holding

The court held that the unintentional delay could be condoned, allowing the civil application to proceed.

Summary

The applicants filed a writ petition seeking condonation of a 2,496‑day delay in setting aside an abatement order and in bringing the legal heirs of deceased respondent No.4 on record. The respondents, through counsel, indicated they would appear on behalf of the legal heirs and argued that the cause of action survived against them. The court examined whether the delay was justified and found it to be unintentional. Consequently, the court allowed the civil application in accordance with prayer clauses B, C and D, directing the parties to amend the pleadings within four weeks. The matter was listed for further hearing on 25‑02‑2026.

Issues considered

Whether a delay of 2,496 days in seeking to set aside an abatement order can be condoned.
Whether the legal heirs of a deceased respondent can be brought on record after such delay.

Subjects

condonation of delay
abatement
legal heirs
writ petition
civil application
High Court of Bombay
amendment

Judgment

                                       (1)                        80 WP 2699 OF 2016


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD
                    80 WRIT PETITION NO. 2699 OF 2016
                                  WITH
                     WRIT PETITION NO. 2655 OF 2023
                                  WITH
                   CIVIL APPLICATION NO. 12745 OF 2025
                             IN WP/2699/2016

 BAPURAO LAXMAN GAWALI DIED THR LRS KAUSABAI BAPURAO GAWALI
                              DIED AND OTHERS
                                   VERSUS
               JANARDHAN BHUJANGRAO GARJE AND OTHERS
                                       …
Mr. Vijay B. Jagtap, Advocate for Applicants
Mr. M. S. Karad, Advocate for Respondent No.4A to 4D
                                       …
                                  CORAM        : SHAILESH P. BRAHME, J.
                                  DATE         : 28.01.2026

PER COURT :-
.            Applicants seek to condone the delay of 2496 days in setting aside
abatement and in bringing legal heirs of deceased respondent no.4 – Subhash
s/o Eknath Raut on record. Mr. M. S. Karad, learned counsel submits that he
has instructions to appear on behalf of legal heirs of respondent no.4. The
cause of action survives as against the legal heirs. The delay is unintentional.
2.           Civil Application is allowed in terms of prayer clause “B”, “C” and
“D”.
3.           Parties shall carry out amendment within four (4) weeks from
today.
4.           List this matter on 25.02.2026.



                                                     ( SHAILESH P. BRAHME, J. )
PRW

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