Bombay High Court

VITHAL KISHAN BABRAS (L.RS.) PRADEEP VITTHALRAO BABRAS DIED THROUGH LRS JAYSHREE AND OTHERSversusSHRIKANT SAHEBRAO KADAM AND OTHERS

Disposal: DISPOSED OFF

Holding

The court allowed the condonation of delay, set aside the abatement, and ordered that the legal representatives of the deceased respondent be brought on record.

Summary

The appellant filed Civil Application No. 9597 of 2026 seeking condonation of a 502‑day delay in filing an application to bring the legal representatives of a deceased respondent on record. The respondents opposed the condonation, arguing that the delay was unjustified. The court examined the reasons provided and found that the delay was not deliberate, deeming it in the interest of justice to allow the application. Consequently, the court set aside the earlier abatement and ordered that the legal representatives be brought on record, with the amendment to be effected within two weeks. The court also imposed a condition that failure to amend within the stipulated time would require the appellant to deposit Rs.2,000 with the Advocates’ Chambers Allottees Maintenance Co‑operative Society, and directed that notice be issued to the respondents with a return date of 06.10.2026.

Issues considered

Whether a delay of 502 days in filing an application to bring legal representatives of a deceased respondent on record can be condoned.
Whether the abatement of the earlier order should be set aside.
Whether the amendment to bring the legal representatives on record must be completed within a specified time.

Subjects

condonation of delay
legal representatives
abatement
amendment
civil procedure

Judgment

                                                              sa21.94
                                   -1-


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

               920 SECOND APPEAL NO. 21 OF 1994
                             WITH
            CIVIL APPLICATION NO. 2966 OF 2003 WITH
            CIVIL APPLICATION NO. 9597 OF 2026 WITH
               CIVIL APPLICATION NO. 209 OF 2026

           Vithal Kishan Babras (l.rs.) Pradeep And Others.
                              VERSUS
               Shrikant Sahebrao Kadam And Another.
                                   ...
Advocate for Appellant : Ms Sawari M. Patil h/f Mr. M M Patil Beedkar
Advocate for the respondent Nos. 1 and 2: Mr. V.R. Dhorde
Advocate for the respondent Nos. 3 to 5: Mr. Swapnil Patunkar i/b
M/s. J.P. Legal Associates
                                   …..

                      CORAM : SANJAY A. DESHMUKH, J.
                      DATED : 25th AUGUST, 2026

PER COURT :-


1.         Civil Application No. 209 of 2026 has been filed seeking a

direction to respondent No.1 to supply the details of deceased

respondent No.1. In view of Civil Application No. 9597 of 2026, filed

for bringing the legal representatives of deceased respondent No.1

on record, Civil Application No. 209 of 2026 has become infructuous.

It is, accordingly, disposed of.


2.    Civil Application No. 9597 of 2026 has been filed for

condonation of delay of 502 days caused in filing the application for

bringing the legal representatives of deceased respondent No.1 on

record.
                                                                 sa21.94
                                  -2-




3.     Perused the application. Heard the learned advocates for the

parties. The learned advocates for the respondents strongly opposed

the application. However, considering the reasons stated in the

application, the same deserves to be allowed in the interest of

justice, as the delay does not appear to have been caused

deliberately. The application is, therefore, allowed. The abatement is

set aside. The legal representatives of deceased respondent No.1 be

brought on record. Amendment be carried out within two weeks.


4.     It is made clear that, if the amendment is not carried out within

two weeks, the appellant shall deposit an amount of Rs.2,000/- with

the Advocates’ Chambers Allottees Maintenance Co-operative

Society, High Court Premises, Aurangabad.


5.     If the amendment is carried out and copies thereof are

supplied, issue notice to the respondents, returnable on 06.10.2026.




                                   (SANJAY A. DESHMUKH, J.)

rlj/

Continue reading with your account

Checking your session…