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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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