Bombay High Court

SADASHIV VYANKATI KADAM DIED THR LRS SUMANBAI SADASHIV KADAM AND OTHERSversusTHE HONBLE MINISTER FOOD CIVIL SUPPLY AND CONSUMER PROTECTION DEPARTMENT AND OTHERS

Disposal: DISPOSED OFF

Holding

The court condoned the delay, recalled the abatement order, and allowed amendment of the writ petition’s title to include the legal representatives.

Summary

The original writ petition filed by the late Sadashiv Vyankati Kadam was abated after his death. The legal representatives of the deceased sought to be brought on record through two civil applications, requesting condonation of delay in filing these applications and restoration of the writ petition. The court examined whether the delay was bona fide and whether the abatement order could be set aside. It held that the delay was not deliberate, condoned it, recalled the abatement order, and permitted amendment of the writ petition’s title to include the legal representatives. The applications were allowed, with a two‑week deadline for amendment, failing which the writ petition would be de‑registered.

Issues considered

Whether the delay in filing the civil applications for bringing the legal representatives of the deceased petitioner on record can be condoned.
Whether the order abating the writ petition on the death of the petitioner can be recalled.
Whether the title of the writ petition can be amended to include the legal representatives.

Subjects

delay condonation
abatement
legal representatives
amendment of title
writ petition
civil application
High Court

Judgment

2026:BHC-AUG:43168



                                                      1
                                                                     40 CA 2175 OF 2026

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                  40 CIVIL APPLICATION NO. 2175 OF 2026
                                             IN WP/1440/2024
                                                  WITH
                                   CIVIL APPLICATION NO. 2177 OF 2026
                                             IN WP/1440/2024

                      SADASHIV VYANKATI KADAM DIED THR LRS SUMANBAI
                                   SADASHIV KADAM AND OTHERS
                                                 VERSUS
                          THE HONBLE MINISTER FOOD CIVIL SUPPLY AND
                       CONSUMER PROTECTION DEPARTMENT AND OTHERS
                                                    ...
                     Mr. M. P. Kale h/f. Mr. A. A. Khande, Advocate for Applicants
                     Mr. A. V. Lavte, AGP for Respondent-State
                     Mr. S. B. Ghatol Patil, Advocate for Respondent Nos.5 and 6
                                                    …

                                              CORAM : AJIT B. KADETHANKAR, J.
                                              DATED : 21st September 2026

                     P.C. :-

                     CIVIL APPLICATION NO. 2175 OF 2026

                     .         For the reasons stated in the application, the same is

                     allowed. Delay caused in filing the application stands

                     condoned.

                     2.        The order dated 01.04.2025 disposing the writ petition

                     as abated stands recalled. The writ petition stands restored to

                     its original position.
                                2
                                               40 CA 2175 OF 2026

CIVIL APPLICATION NO. 2177 OF 2026

3.    This Civil Application is for condonation of delay caused

in filing the application for bringing the legal representatives

of deceased original petitioner on record.

4.    It is submitted that the applicants were unaware about

the pending writ petition. Hence they could not approach

their learned Advocate within time. It is submitted that the

delay is neither deliberate nor willful and the same be

condoned in the interest of justice.

5.    Mr. S. B. Ghatol Patil, learned Advocate for respondent

Nos.5 and 6 would strongly oppose such application. He

would submit that the delay is deliberate and not bonafide.

6.    For the reasons stated in the application, the same is

allowed. Delay caused in filing the application stands

condoned. Abatement, if any, is quashed and set aside.

7.    The applicants are permitted to amend the title clause

of the writ petition by incorporating the names of applicant

Nos.1 to 3 as legal representatives of deceased original

petitioner – Sadashiv Vyankati Kadam.

8.    Amendment be carried out within a period of two weeks

from today. Failure to carry out amendment shall result in
                                3
                                                   40 CA 2175 OF 2026

de-registration of the writ petition. Further request for

restoration shall be at the cost of Rs.25,000/-.




                                    ( AJIT B. KADETHANKAR, J. )
PRW

Continue reading with your account

Checking your session…