Bombay High Court

SAMBHAJI SAYABA SURWASE (DIED) SOMNATH S. SURWASEversusTHE STATE OF MAHARASHTRA THR COLLECTOR, OSMANABAD AND ANR

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SHAILESH P BRAHME

Holding

The court held that the delay could be condoned as there was no doubt as to the applicant's bonafides and the legal heir was a necessary party.

Summary

The applicant, the legal representative of the deceased Sambhaji Sayaba Surwase, filed a civil application seeking condonation of a 328‑day delay in filing a petition for setting abatement and for bringing the legal heir of the sole appellant on record. The respondents, the State of Maharashtra, opposed the condonation. The court examined whether the delay could be condoned and whether the legal heir was a necessary party. Finding no doubt as to the bonafides of the applicant and noting that the cause of action survived against the heir, the court held that the delay was condonable. Accordingly, the application was allowed in terms of prayer clauses ‘A’ and ‘B’ and the matter was disposed, with an order that the amendment be effected within two weeks.

Issues considered

Whether a delay of 328 days in filing an application for setting abatement and bringing legal heirs on record can be condoned
Whether the legal heir of the deceased appellant is a necessary party to the proceeding

Subjects

condonation of delay
legal heirs
setting abatement
civil procedure
necessary parties

Judgment

2026:BHC-AUG:819

1 941 ca 186.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

CIVIL APPLICATION NO. 186 OF 2026
IN
FIRST APPEAL NO. 4111 OF 2022

Sambhaji Sayaba Surwase
Since deceased through his L.Rs.
Somnath S. Surwase .. Applicant

Versus

The State of Maharashtra, through
Collector Osmanabad and another .. Respondents

Shri Vivekanand V. Ingale, Advocate for the Applicant.
Shri S. N. Morampalle, A.G.P. for the Respondent Nos. 1 and 2.

CORAM : SHAILESH P. BRAHME, J.
DATE : 08TH JANUARY, 2026.

FINAL ORDER :

. Applicant seeks to condone delay of 328 days caused in
filing application for setting abatement and bringing the legal
heirs of sole appellant on record.

2. The cause of action survives as against the legal heir of the
deceased appellant. He is necessary parties. There is no reason
to doubt the bonafides of the applicant. The civil application is
allowed in terms of prayer clauses ‘A’ and ‘B’. The civil
application is disposed of.
2 941 ca 186.26

3. Amendment shall be carried out within a period of two (02)
weeks from today.

[ SHAILESH P. BRAHME J. ]

bsb/Jan. 26

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