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Bombay High Court

ASARAM TATYABA KALE DIED THROUGH HIS LRS PANDHARINATH ASARAM KALEversusPARVATABI BHANUDAS DHANKARE DIED THROUGH HER LRS BHANUDAS DIED THROUGH LRS ANNAPURNA AND OTHERS

Disposal
DISPOSED OFF

Holding

The delay was not deliberately caused; therefore, condonation was granted, abatement was set aside, and the legal representatives were permitted to be brought on record.

Summary

The petitioners filed Civil Application No. 2393 of 2026 seeking condonation of delay, setting aside abatement, and permission to bring the legal representatives of several deceased respondents on record. The application was filed 1,707 days late for one respondent and 6,865 days late for another. The court examined the delay and, relying on the Supreme Court precedent in M. D. A. Chaudhary v. Kartar Chand, held that the delay was not deliberately caused and therefore could be condoned in the interest of justice. Consequently, the court granted the condonation, set aside any abatement, and allowed the respondents' legal representatives to be added, subject to an amendment within two weeks. The court also warned that failure to amend would attract a cost order of Rs.2,000, and listed the second appeal for hearing on 8 September 2026.

Issues considered

  • Whether the delay of 1,707 and 6,865 days in filing the application can be condoned despite statutory time limits
  • Whether abatement of the proceeding can be set aside on the ground of non‑deliberate delay
  • Whether the legal representatives of deceased respondents may be permitted to be brought on record after such delay

Subjects

  • condonation of delay
  • abatement
  • legal representatives of deceased
  • civil procedure
  • interest of justice

Judgment

                                        1                                     75.odt



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     BENCH AT AURANGABAD.
                 75 CIVIL APPLICATION NO. 2393 OF 2026
                             IN SA/399/2004

  ASARAM TATYABA KALE DIED THROUGH HIS LRS PANDHARINATH
                               ASARAM KALE
                                  VERSUS
    PARVATABI BHANUDAS DHANKARE DIED THROUGH HER LRS
    BHANUDAS DIED THROUGH LRS ANNAPURNA AND OTHERS
                                      ...
Advocate for Applicants : Mr. G. P. Darandale, h/f Mr. N. K. Kakade.
                                      ...

                               WITH
                    SECOND APPEAL NO. 399 OF 2004
                                ...


                                 CORAM : SANJAY A. DESHMUKH, J.
                                 DATE       :   24th August, 2026.

P.C.:

1       Civil Application No.2393 of 2026 is filed for condonation of
delay, setting aside abatement and permission to bring the legal
representatives of deceased respondent Nos.1/A, 1/B, 2 and 3 on
record.


2       Perused the application.     Heard the learned counsel for the
applicants.


3       Office notes shows that, the civil application is filed beyond time
by 1707 days for bringing the legal representatives of deceased
respondent No.1/B, and by 6865 days for bringing the legal
representatives of respondent No.2 on record.
                                             2                                      75.odt


      4        On perusal of the application, it appears that the delay is not
      deliberately caused. Therefore, to decide the lis finally on merits and
      in view of the law laid down by the Honourable Supreme Court in the
      case of M. D. A. Chaudhary Vs. Kartar Chand and Ors.,
      MANU/SC/0877/2025, the application deserves to be allowed, in the
      interest of justice, as the delay is not deliberately caused.


      5        For the reasons stated in the application, the application
      deserves to be allowed as the delay is not caused deliberately and
      intentionally. Hence, the delay is condoned. Abatement, if any, is set
      aside.     Permission is granted to bring the legal representatives of
      deceased respondent Nos.1/A, 1/B, 2 and 3 on record. Necessary
      amendment be carried out, within a period of two weeks from today.
      Civil Application No.2393 of 2026 stands disposed of.


      6        It is made clear that if the amendment is not carried out within
      the stipulated period, then the appellants will require to deposit costs of
      Rs.2000/- with the High Court Legal Services Sub-Committee,
      Aurangabad.


      7        List the second appeal on 8th September, 2026.




                                             [ SANJAY A. DESHMUKH, J. ]
nga


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