Bombay High Court

ROBERT BHOLAJI GHODAKE (DIED) THRU. LRS. ARUNA ROBERT GHODAKE AND OTHERSversusJIVAN BHAURAO KAMBLE AND OTHERS

Disposal: DISPOSED OFF
Bench: SHAILESH P BRAHME

Holding

The delay is condoned on condition of payment of costs, and the abatement order is set aside with leave to bring the legal heirs on record.

Summary

The applicants filed a civil application seeking condonation of a 2,219‑day delay in setting aside an abatement order and in bringing the legal heirs of the deceased sole applicant, Robert Bolhaji Ghodake, on record. The respondents argued that the delay was inordinate and that no rent had been paid by the deceased or his heirs. The Court adopted a pragmatic approach, noting that the cause of action survived against the legal heirs and that conditions could be imposed. It therefore condoned the delay on the condition that the applicants pay Rs.5,000 costs within four weeks. The abatement order was set aside, and leave was granted to bring the legal heirs on record, with liberty to amend. Both parties were directed to take necessary steps as per the civil revision application.

Issues considered

Whether the delay of 2,219 days in setting aside the abatement order can be condoned
Whether the abatement order should be set aside
Whether the legal heirs of the deceased applicant can be brought on record

Subjects

condonation of delay
abatement
legal heirs
civil procedure
costs

Judgment

                                       (1)                          93 CRA NO. 84 OF 2018


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

                            93 CRA NO. 84 OF 2018
                                    WITH
                     CIVIL APPLICATION NO.2003 OF 2026
                               IN CRA/84/2018

 ROBERT BOLHAJI GHODAKE DIED THROUGH LRS ARUNA W/O ROBERT
                           GHODAKE AND OTHERS
                                   VERSUS
                   JIVAN BHAURAO KAMBLE AND OTHERS
                                      ...
Mr. Kagne Vinayak M., Advocate for the Applicants
Mr. V. S. Bedre, Advocate for Respondent Nos.1 and 3
                                      …

                                  CORAM       : SHAILESH P. BRAHME, J.
                                  DATE        : 20.02.2026

PER COURT :-
CIVIL APPLICATION FOR DELAY

.            Heard both sides.

2.           The applicants seek to condone delay of 2219 days in setting

aside abatement and in bringing legal heirs of sole applicant – Robert Bolhaji

Ghodake on record.

3.           Mr. V. S. Bedre, learned counsel for respondent nos.1 and 3

submits that the delay is inordinate and no rent was paid by the deceased

applicant during his lifetime, nor thereafter by his legal heirs.
                                      (2)                        93 CRA NO. 84 OF 2018


4.          I propose to adopt a pragmatic approach in condoning the delay.

The cause of action survives as against the legal heirs of the applicant. It is a

fit case to impose conditions.

5.          The delay stands condoned on condition that the applicants pay

the respondents costs of Rs.5,000/- within a period of four (4) weeks from

today. Abatement is set aside. Leave is granted to bring the legal heirs of the

sole applicant on record.

6.          Both parties shall be at liberty to carry out amendment.

CIVIL REVISION APPLICATION

7.          Time is granted to take necessary steps against the deceased

respondent no.1.



                                                   ( SHAILESH P. BRAHME, J. )
PRW

Continue reading with your account

Checking your session…