Bombay High Court

VISHWANATH NIVARATI CHOPATE.versusTUKARAM DNYANDEO SAWANT and OTHERS.

Disposal: APPLICATION ALLOWED

Holding

The court held that the 920‑day delay was condonable and allowed the application.

Summary

The applicant sought condonation of a 920‑day delay in filing an application to bring the legal representatives of a deceased respondent on record. The court examined the application and heard the applicant's counsel. Considering that the substantive dispute between the parties needed to be decided on merits and in the interest of justice, the court found the delay condonable. Accordingly, the application was allowed, the delay was condoned, and the parties were directed to amend the record within two weeks, failing which a cost of Rs.2000 would be payable. The second appeal was listed for hearing on 15 September 2026.

Issues considered

Whether a delay of 920 days in filing an application to bring the legal representatives of a deceased respondent on record can be condoned.

Subjects

condonation of delay
civil procedure
legal representatives
high court
amendment

Judgment

                                                              ca1573.24
                                 -1-


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

            16 CIVIL APPLICATION NO. 1573 OF 2024
                           IN/WITH
               SECOND APPEAL NO. 60 OF 1995

                   Vishwanath Nivarati Chopate.
                              VERSUS
              Tukaram Dnyandeo Sawant And Others.
                                   ...
Advocate for Applicant : Mr. Nitin Jagdale h/f Mr. V.D. Salunke
                                   …..

                     CORAM : SANJAY A. DESHMUKH, J.
                     DATED : 31st AUGUST, 2026

PER COURT :-


1.       This is an application for condonation of delay of 920 days

caused in filing the application for bringing the legal representatives

of deceased respondent No.2 on record.



2.       Perused the application. Heard learned advocate for the

applicant. For the reasons stated in the application and considering

the fact that the lis between the parties is required to be decided on

merits and in the interest of justice, the application deserves to be

allowed. The delay of 920 days deserves to be condoned.



3.       Accordingly, the application is allowed. Delay stands

condoned. Abetment is set aside. Amendment be carried out within

two weeks from today, failing which the costs amount of Rs.2000/- be
                                                         ca1573.24
                               -2-

deposited in the account of the Advocates’ Chambers Allottees

Maintenance Co-operative Society, High Court Premises, Chhatrapati

Sambhajinagar.



4.       List the second appeal on 15.09.2026.



                                (SANJAY A. DESHMUKH, J.)

rlj/

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