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Bombay High Court

DASHRATH ASARAM KOLI DIED LRS RAJARAM AND ORSversusSTATE OF MAHARASHTRA AND ORS

Disposal
APPLICATION ALLOWED

Holding

The Court allowed both applications, fixing the final hearing date and condoning the delays, setting aside the abatement.

Summary

The High Court of Bombay, Aurangabad Bench, entertained two civil applications filed in a second appeal. The first application sought fixation of a date for the final hearing of the appeal, and the Court ordered the hearing to be fixed on 7 September 2026. The second application pleaded for condonation of substantial delays (ranging from 517 to 5,077 days) in bringing the legal representatives of several deceased appellants and a respondent on record. The Court found that the delays were not deliberate, set aside the abatement, and granted permission to amend the pleadings within two weeks, imposing a modest cost for non‑compliance. Both applications were allowed in the interest of justice.

Issues considered

  • Whether the final hearing date of the second appeal should be fixed.
  • Whether the delays in bringing legal representatives of deceased parties can be condoned.

Subjects

  • procedural law
  • condonation of delay
  • abatement
  • civil application
  • second appeal
  • amendment of pleadings

Judgment

2026:BHC-AUG:38033



                                                    (1)                   926 sa 473.01

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                               926 SECOND APPEAL NO. 473 OF 2001
                              WITH CIVIL APPLICATION NO. 9893 OF 2004
                              WITH CIVIL APPLICATION NO. 16371 OF 2015

                                 DASHRATH ASARAM KOLI AND ORS
                                            VERSUS
                                 STATE OF MAHARASHTRA AND ORS

                                                  …..
                     Advocate for Appellant : Ms. Deepali Nikalje h/f. Ajay G Talhar
                          AGP for Respondents/State : Mrs. Vaishali P. Dama
                                                  …..

                                             CORAM :      SANJAY A. DESHMUKH, J.
                                             DATE :       20.08.2026

           P.C.:-

           1.            Print stands dispensed with.



           Civil Application No.9893/2004:

           2.            This application is filed for fixing the appeal for final hearing.


           3.            Perused the application.


           4.            Heard the learned advocate for the applicant.


           5.            Application is allowed.      Fix the appeal for final hearing on
           07.09.2026, first on board.
                                       (2)                 926 sa 473.01

Civil Application No.16371/2015:

6.           This is an application for condonation of delay of 5077, 3141,

3694, 2295 and 517 days caused in bringing the legal representatives of

deceased-appellant nos.1 to 3 & 6 as well as respondent no.4 on record.


7.           On perusal of application and the grounds stated in the

application, it appears that the delay has not been deliberately caused and the

same deserves to be condoned, the delay of 5077, 3141, 3694, 2295 and 517

days stands condoned.        The application stands allowed in the interest of

justice.   Abatement is set aside and permission for bringing the legal

representatives of appellant nos.1 to 3 & 6 and respondent no.4 on record is

granted. Amendment be carried out within two weeks.


8.           If the amendment is not carried out within two weeks in respect

of each deceased appellant and respondent, the concerned party shall pay

costs of Rs. 2,000/- in respect of each deceased person, which shall be

deposited with this Court.



                                                 [SANJAY A. DESHMUKH, J.]




mubashir


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