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Bombay High Court

YADAVRAO SHANKARRAO SOMWANSHI DIEDversusSAMBHAJIRAO SHIVAJIRAO SOMWANSHI

Disposal
APPLICATION ALLOWED

Holding

The court held that condonation of delay and amendment to add parties may be granted where the delay is not deliberate and it serves the interests of justice.

Summary

The High Court considered a series of civil applications seeking condonation of delay for filing pleadings to bring various legal representatives and parties on record, with delays ranging from 148 to 4,430 days. The applications also sought permission to add respondents as parties in a second appeal and to serve unserved respondents by private notice. The court examined the reasons for delay and found none to be deliberate, deeming it in the interest of justice to allow the applications. Consequently, all the applications for condonation of delay and amendment of parties were granted. The court directed that necessary amendments be made within two weeks, failing which a deposit of Rs.2,000 would be required, and set aside any abatement. Further procedural directions were issued for reissuing notices and serving respondents at updated addresses.

Issues considered

  • Whether the court may condone delays of varying lengths in filing applications to bring legal representatives on record.
  • Whether amendment to add additional respondents as parties in the second appeal is permissible.
  • Whether abatement can be set aside in view of the interests of justice.
  • Whether private notice can be used to serve unserved respondents.

Subjects

  • condonation of delay
  • amendment of parties
  • civil procedure
  • abatement
  • service of notice
  • interest of justice

Judgment

2026:BHC-AUG:37635


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                                                 -1-


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                             960 CIVIL APPLICATION NO. 8900 OF 2025
                                        IN SAST/21178/2024
                                              WITH
                            CIVIL APPLICATION NO. 13956 OF 2024 WITH
                            CIVIL APPLICATION NO. 8901 OF 2025 WITH
                            CIVIL APPLICATION NO. 8902 OF 2025 WITH
                            CIVIL APPLICATION NO. 13953 OF 2024 WITH
                            CIVIL APPLICATION NO. 13954 OF 2024 WITH
                            CIVIL APPLICATION NO. 13955 OF 2024 WITH
                            CIVIL APPLICATION NO. 13958 OF 2024 WITH
                               CIVIL APPLICATION NO. 13957 OF 2024

                               Yadavrao Shankarrao Somwanshi Died
                                               VERSUS
                                 Sambhajirao Shivajirao Somwanshi
                                                   ...
                 Advocate for Applicant : Mr. Narsinh L. Jadhav,
                 AGP for Respondents: Mr. P. M. Kulkarni
                 Advocate for Respondent Nos. 4a To 4c : Ms. Nikita D. Ragade h/f
                 Mr. D.R. Kale
                 Advocate for Respondent Nos. 14a To 14d4 : Mr. Sanket S. Kulkarni
                                                   …..

                                     CORAM : SANJAY A. DESHMUKH, J.
                                     DATED : 19th AUGUST, 2026

                 PER COURT :-


                 1.         The civil application No.8900 of 2025 is filed         for

                 condonation of delay of 209 days caused in filing the application for

                 bringing legal representatives of deceased respondent No.4 on

                 record.



                 2.         The civil application No.13958 of 2024 is filed for

                 condonation of delay of 148 days caused in filing the application for
                                                             ca8900.25-
                                   -2-

bringing the legal representatives of respondent No. 14D on record.



3.        The civil application No.8902 of 2025 is filed seeking

permission to add the respondents as mentioned in the para 2 and 4

of the said application as party respondents in the second appeal.

Considering the fact that the proposed respondents have purchased

the property during pendency of the proceeding, the application

deserves to be allowed in the interest of justice.



4.        The civil application No. 13954 of 2024 is filed for

condonation of delay of 2577 days caused in filing the application for

bringing the legal representatives of appellant No. 1E on record.



5.        The civil application No. 13955 of 2024 is filed for

condonation of delay of 4430 days caused in filing the application for

bringing the legal representatives of respondent No. 14 on record.



6.        The civil application No.13956 of 2024 is filed for

condonation of delay of 1352 days caused in filing the application for

bringing the legal representatives of respondent No. 6 on record.



7.        The civil application No.13957 of 2024 is filed for

condonation of delay of 585 days caused in filing the application for
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bringing the legal representatives of appellant No. 2 on record.



8.       Perused the applications. Heard learned advocates for the

respective   parties.    Learned        advocates   for   the   respective

respondents strongly opposed the applications.



9.       For the reasons stated in the applications, all the aforesaid

Civil Applications deserve to be allowed in the interst of justice to

decide the lis between the parties on merits as the delay is not

deliberately caused. All the applications are allowed.



10.      In the respective applications, the amendments shall be

carried out within two weeks, failing which the applicants in the said

application(s) shall deposit an amount of Rs.2,000/- with the

Advocates Chambers Allottees Maintenance Co-operative Society,

High Court Premises, Aurangabad, in respect of the application(s) in

which the applicants fail to take the necessary steps as directed

above. Abatement, if any, is set aside.



11.      In civil application No. 13953 of 2024, reissue notice to the

respondent No. 1E and 17. Learned advocate for the appellants is

directed to take necessary steps in respect of respondent Nos. 15-B

and 15-D, who are reported to be dead.
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12.       Learned advocate for the appellants filed a pursis thereby

furnishing fresh addresses of respondent Nos. 8, 9, 10, 13, 19 and

20, which is taken on record and marked “X-1”.    Issue notice to the

said respondents on the said addresses, returnable on 16.09.2026.



13.       In addition to the regular mode of service, the applicants/

appellants are permitted to serve the unserved respondents by

private notice, as is permissible in law.



                                    (SANJAY A. DESHMUKH, J.)

rlj/


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