Bombay High Court
SUNIL RANJIT RAJPUT AND OTHERSversusTHE STATE OF MAHARASHTA THROUGH THE S.L.A.O. DHULE AND ANR
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court quashed any abatement, condoned the delay, and treated the applicants as the legal representatives of the deceased appellant.
Summary
In a civil application arising from Appeal No. 2175 of 2025, the original appellant Sushilabai Ranjitsingh Rajput died during the pendency of the first appeal. The surviving co‑appellants filed an application to be recognized as the legal representatives of the deceased appellant. The Court examined whether the abatement of the appeal should operate and whether the delay in filing the substitution application could be condoned. It held that any abatement is quashed, the delay is condoned, and the applicants are to be treated as the legal representatives of the deceased. Consequently, the Court ordered the necessary amendment of the pleadings and allowed the application, disposing of it accordingly.
Issues considered
- Whether the death of an appellant results in abatement of the appeal.
- Whether the delay in filing an application for substitution of legal representatives can be condoned.
- Whether the applicants can be recognized as legal representatives of the deceased appellant.
Subjects
- legal representatives
- abatement
- substitution of parties
- civil procedure
- death of party
- amendment of pleadings
- condonation of delay
Judgment
2026:BHC-AUG:44204
14-FA.2096.2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 2175 OF 2025
IN FA/2096/2019
Sunil Ranjit Rajput And Others
VERSUS
State Of Maharashtra and others
...
Advocate for Appellant : Mr. Kale Ajeet B.
AGP for Respondents: Mr.A.V.Lavte
...
CORAM : AJIT B. KADETHANKAR, J.
DATE : SEPTEMBER 24, 2026
ORDER :-
During pendency of the First Appeal, original appellant
no.2.1. – Sushilabai Ranjitsingh Rajput is learnt to be no more.
Appellant no.2.2 to 2.5 have filed this application to bring them on
record as legal representatives of deceased Sushilabai. Suffice it to
note, the applicant nos.2.2 to 2.5 are already on record in the capacity
of legal representatives of deceased appellant no.2 – Ranjitsing.
In view thereof, I pass the following order:-
ORDER
(A) For the reasons mentioned in the application, delay caused
in filing this application stands condoned.
2 14-FA.2096.2019
(B) Abatement, if any, stands quased and set aside.
(C) Applicant nos.2.2 to 2.5 be treated as legal
representatives of deceased appellant no.2.1 – Smt. Sushilabai.
(D) Necessary amendment be carried out forthwith.
(E) Application stands allowed and disposed of accordingly.
[AJIT B. KADETHANKAR, J.]
………..
KBP
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