Bombay High Court
CITY AND INDUSTRIAL DEVELOPMENT CORPORATION LTD., AURANGABAD THR ITS ADMINISTRATORversusBHAUDU @ SHESHRAO S/O BHAGAJI VIDHATE DIED THROUGH LRS SMT. RADHA AND ORS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SHAILESH P BRAHME
Holding
The delay is condoned and the abatement is set aside, allowing the legal heirs to be joined as parties.
Summary
The City and Industrial Development Corporation Ltd., Aurangabad, filed an application seeking condonation of delay in setting aside an abatement order and in bringing on record the legal heirs of the deceased respondent Bhavadu Bhagaji Vidhate. The court observed that the cause of action survived against the heirs and that they were necessary parties. The applicant contended that the delay was unintentional and was based on information supplied by counsel for the deceased’s heir. The bench examined whether the delay could be condoned under procedural law and whether the heirs could be joined after abatement. Finding no prejudice to the respondents and accepting the explanation of inadvertent delay, the court condoned the delay, set aside the abatement, and permitted the legal heirs to be joined. The order restores the proceedings against the heirs.
Issues considered
- Whether the delay in filing an application to set aside the abatement can be condoned.
- Whether the legal heirs of a deceased respondent can be joined as parties after an abatement order.
Subjects
- condonation of delay
- abatement
- legal heirs
- civil procedure
- necessary parties
- setting aside order
Judgment
2026:BHC-AUG:1965
82 CA 13773 OF 2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
82 CIVIL APPLICATION NO. 13773 OF 2025
IN FA/3267/2021
CITY AND INDUSTRIAL DEVELOPMENT CORPORATION LTD.,
AURANGABAD THR ITS ADMINISTRATOR
VERSUS
BHAUDU @ SHESHRAO S/O BHAGAJI VIDHATE DIED THROUGH LRS
SMT. RADHA AND ORS.
...
Advocate for Applicant : Mr. Ramraje Deshmukh h/f Mr. Deshmukh
Shambhuraje V.
AGP for Respondent No. 2/State : Mr. N.D. Raje
...
CORAM : SHAILESH P. BRAHME, J.
DATE : 17.01.2026
PER COURT :
The applicant seeks to condone delay in setting aside abatement and
bringing legal heirs of deceased respondent no. 1 Bhavadu Bhagaji Vidhate.
The application has been preferred on the basis of the information supplied
by the learned counsel for respondent no. 1. The cause of action survives
against the legal heirs of respondent no. 1. They are necessary parties. The
delay is unintentional.
2. The delay stands condoned. Abatement is set aside and parties are
permitted to bring legal heirs of respondent no. 1 on record.
( SHAILESH P. BRAHME, J.)
mkd/-
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