Bombay High Court

SUKHDEV NAMDEV PATILversusCHINTAMAN NAMDEV PATIL DIED LRS UTTAM AND OTHERS

Disposal: APPLICATION ALLOWED
Bench: ARUN R PEDNEKER

Holding

The court held that the delay could be condoned and set aside any abatement.

Summary

The petitioner filed Civil Application No. 13130 of 2016 seeking to bring the legal heirs of the deceased respondent on record, requesting condonation of a 473‑day delay. The court examined whether such a delay could be condoned under procedural law. Finding the reasons for delay satisfactory, the court allowed the application and set aside any abatement that might have arisen. It also directed that the amendment in the second appeal be filed within four weeks. No other substantive issues were addressed.

Issues considered

Whether the 473‑day delay in bringing the legal heirs of the deceased respondent on record can be condoned?

Subjects

condonation of delay
legal heirs
abatement
civil procedure

Judgment

               IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                          BENCH AT AURANGABAD

                 936 CIVIL APPLICATION NO. 13130 OF 2016
                              IN SA/332/2007

                            Sukhdev Namdev Patil
                                    VERSUS
              Chintaman Namdev Patil Died Lrs Uttam And Others
                                       ...
          Advocate for Applicant : Mr. S. S. Koche h/f Mr. D P Palodkar
     Advocate for Respondents No.1-A to 1-D : Mr. P. P. Patni h/f Mr. P. F. Patni
                                       ...

                                 WITH
                      SECOND APPEAL NO. 332 OF 2007
                                   ...

                                    CORAM            : ARUN R. PEDNEKER, J.
                                    Dated            : March 18, 2026

PER COURT :


1.       Civil Application No. 13130 of 2016 is filed for bringing the legal heirs

of deceased respondent No. 1 on record by condoning the delay of 473 days.

2.       For the reasons stated in the application, the said application is

allowed and disposed of. Abatement, if any, stands set aside.

3.       Amendment in the Second Appeal be carried out within a period of four

weeks.



                                                       ( ARUN R. PEDNEKER, J. )




vj gawade/-.




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