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 allowed the application, condoned the delay, recalled the abatement order, and permitted amendment of the writ petition 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 added to the petition but filed the application for amendment and condonation of delay after the prescribed time, claiming they were unaware of the pending petition. The respondents opposed, alleging the delay was deliberate. The High Court examined whether the delay could be condoned and whether the abatement order could be recalled. Finding no deliberate intent and in the interest of justice, the Court allowed the application, condoned the delay, recalled the abatement order, and permitted the amendment of the writ petition to include the legal representatives within two weeks, subject to a cost.

Issues considered

Whether the delay in filing the application for amendment and condonation of delay is condonable.
Whether the abatement order disposing the writ petition can be recalled.
Whether legal representatives of a deceased petitioner can be added to the writ petition after the petitioner's death.

Subjects

delay condonation
abatement recall
amendment of writ petition
legal representatives
death of petitioner
civil procedure

Judgment

2026:BHC-AUG:43169



                                                      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…