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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