Bombay High Court

Digambar Rama Devkar Died Through Lrs Maruti Digambar DevkarversusThe State of Maharashtra Through the Collector Osmanabad

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

Holding

The delay is unintentional and is condoned; the abatement is set aside and the legal heirs may be brought on record.

Summary

The applicant, Digambar Rama Devkar (deceased) represented by his legal representatives, sought condonation of delay in filing an application to set aside an abatement and to bring the legal heirs of the deceased claimant on record. The court examined whether the delay was excusable, whether the abatement could be rescinded, and whether the heirs could be added as parties. It held that the cause of action survives against the heirs, the delay was unintentional and therefore condonable, and any abatement should be set aside. Consequently, the legal heirs were permitted to be brought on record and the civil application was disposed. Both parties were given two weeks to carry out the necessary amendment.

Issues considered

Whether the delay in filing the application for setting aside abatement can be condoned.
Whether the abatement, if any, should be set aside.
Whether the legal heirs of the deceased claimant can be brought on record as parties.

Subjects

condonation of delay
abatement
legal heirs
cause of action
civil procedure
amendment

Judgment

2026:BHC-AUG:4569




                                                 1                          62 ca 1285.26

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                               CIVIL APPLICATION NO. 1285 OF 2026
                                              IN
                                  FIRST APPEAL NO. 395 OF 2025

                           Digambar Rama Devkar
                           Since deceased through his L.Rs.
                           Maruti Digambar Devkar                   .. Applicant

                                Versus

                           The State of Maharashtra, through the
                           Collector Osmanabad and others           ..   Respondents

                    Shri Laxmikant C. Patil, Advocate for the Applicant.
                    Shri S. V. Hange, A.G.P. for the Respondent Nos. 1 and 2.
                    Shri Anil M. Gaikwad, Advocate for the Respondent No. 3.

                                      CORAM : SHAILESH P. BRAHME, J.
                                       DATE : 02ND FEBRUARY, 2026.

                    FINAL ORDER :


                    .      Applicant seeks to condone delay caused in filing
                    application for setting aside abatement and bringing the legal
                    heirs of deceased claimant – Digambar Rama Divekar on record.


                    2.     The cause of action survives as against the legal heirs of
                    the deceased claimant. They are necessary parties. The delay is
                    unintentional, which stands condoned. The abatement if any is
                    set aside. Legal heirs of deceased claimant are allowed to be
                    brought on record. The civil application is disposed of.
                           2                        62 ca 1285.26

3.    Both the parties shall be at liberty to carry out the
amendment within a period of two (02) weeks from today.

                               [ SHAILESH P. BRAHME J. ]


bsb/Feb. 26

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