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Bombay High Court

MEENABAI DEORAO BHISE PATIL AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the delay, set aside the abatement, and permitted the legal representatives of the deceased appellants to be brought on record.

Summary

The High Court considered two civil applications filed after a delay of 2,799 days, seeking condonation of that delay, setting aside the abatement of proceedings, and permission to bring the legal representatives of the deceased appellants, Deorao Shankarrao Bhise and Subhadrabai Shankarrao Bhise, on record. The Court examined the reasons for the delay and noted that the claimants were farmers belonging to a weaker section of society. Finding that the delay was not deliberate and that justice required assistance to the weaker parties, the Court condoned the delay, set aside the abatement, and allowed the legal representatives to be brought on record. The Court directed that the necessary amendment be filed within seven days and ordered the civil applications to be disposed of. The main appeal was adjourned to a later date.

Issues considered

  • Whether a delay of 2,799 days in filing a civil application can be condoned.
  • Whether the abatement of proceedings can be set aside on the ground of delay.
  • Whether the legal representatives of deceased appellants may be brought on record after such delay.

Subjects

  • condonation of delay
  • abatement
  • legal representatives
  • civil procedure
  • farmers
  • weaker sections
  • interest of justice

Judgment

2026:BHC-AUG:674


                                                                        908-ca-241-2015+
                                                    -1-

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                     FIRST APPEAL NO. 369 OF 1999

                                         Deorao Shankarrrao Bhise
                                                  VERSUS
                                     State Of Maharashtra And Another
                                                    ...
                   Ms. Rekha Choudhari h/f Mr. S. S. Choudhari, Advocate for the
                   appellant
                   Mr. S. B. Jadhav, AGP for Respondents-State
                                                    ...
                                                   WITH
                                      FIRST APPEAL NO. 334 OF 1999
                                                   WITH
                                   CIVIL APPLICATION NO. 241 OF 2015
                                              IN FA/369/1999
                                                   WITH
                                   CIVIL APPLICATION NO. 240 OF 2015
                                              IN FA/334/1999

                                       CORAM : SANJAY A. DESHMUKH, J.
                                       DATED : 08th JANUARY, 2026

                   PER COURT :-


                   1.       Nobody has represented respondent no.2-the Marathwada

                   Krishi Vidhyapeeth, Parbhani, Dist. Parbhani. Issue notice to the

                   respondent no.2 accordingly.

                   CIVIL APPLICATION NO. 241 OF 2015

                   1.       This is an application for condonation of delay of 2799 days

                   caused in filing the present application for bringing the legal

                   representatives of appellant i.e. Deorao Shankarrao Bhise (Patil) on

                   record and for setting aside the abatement.
                                                           908-ca-241-2015+
                                     -2-

2.           Perused the application. Heard learned Advocates for both

the sides.

3.           Considering the reasons stated in the application, it appears

that the delay is not deliberately caused and as the claimants are

farmers and weaker section of the society, the application deserves to

be allowed in the interest of justice. Hence, the following order:

                                  ORDER

      a.           Civil Application is allowed.

      b.           Delay of 2799 days caused in filing the
      present application is hereby condoned.

      c.           Abatement is set aside.

      d.           Permission is granted to bring the legal
      representatives of deceased appellant i.e. Deorao
      Shankarrao Bhise (Patil) on record.

      e.           Amendment be carried out within 07 days
      from today.

      f.           Civil Application stands disposed of.



CIVIL APPLICATION NO. 240 OF 2015

1.           This is an application for condonation of delay of 2799 days

caused in filing the present application for bringing the legal

representatives of appellant i.e. Subhadrabai Shankarrao Bhise (Patil)

on record and for setting aside the abatement.
                                                            908-ca-241-2015+
                                      -3-

2.            Perused the application. Heard learned Advocates for both

the sides.

3.            Considering the reasons stated in the application, it appears

that the delay is not deliberately caused and as the claimants are

farmers and weaker section of the society, the application deserves to

be allowed in the interest of justice. Hence, the following order:

                                   ORDER

         a.         Civil Application is allowed.

         b.         Delay of 2799 days caused in filing the
         present application is hereby condoned.

         c.         Abatement is set aside.

         d.         Permission is granted to bring the legal
         representatives of deceased appellant i.e. Subhadrabai
         Shankarrao Bhise (Patil) on record.

         e.         Amendment be carried out within 07 days
         from today.

         f.         Civil Application stands disposed of.

FIRST APPEALS

1.            Stand over to 23.01.2026.



                                               (SANJAY A. DESHMUKH, J.)

Rushikesh/2025


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