Bombay High Court

RUKAYYABI MOHAMMAD IQBAL AND ORSversusLATE GULAB MOTIRAM BADGUJAR AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: ABHAY S WAGHWASE

Holding

The court held that the legal heirs of the deceased respondent may be taken on record and any abatement is quashed.

Summary

The applicants filed a civil application seeking to have the legal heirs of the deceased respondent, Gulab Motiram Badgujar, placed on the court record. The respondents opposed the filing, arguing that procedural delays and the doctrine of abatement should preclude the inclusion of the heirs. The court examined whether the heirs could be recognized despite the delay and whether any abatement should stand. It found that the delay was condoned and that there was no legal basis to maintain the abatement. Consequently, the court allowed the application, quashed any abatement, and ordered that the legal heirs be taken on record.

Issues considered

Whether the legal heirs of the deceased respondent can be taken on record despite the delay in filing the application
Whether any abatement with respect to the deceased respondent should be upheld or quashed

Subjects

legal heirs
abatement
civil procedure
application
record

Judgment

2026:BHC-AUG:11854




                        IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                   BENCH AT AURANGABAD

                               944 CIVIL APPLICATION NO. 2514 OF 2026
                                        IN X-APLST/18081/2024

                            RUKAYYABI MOHAMMAD IQBAL AND ORS
                                              VERSUS
                 LATE GULAB MOTIRAM BADGUJAR, THR.LRS.YOGITA AND ORS
                                                 ...
            Advocate for Applicants : Mr. Madhav M. Bhokarikar
            Advocate for Respondent nos.1 and 2 : Mr.Bipinchandra K.Patil
            Advocate for Respondents : Mr. S.R.Bagal
                                                ....
                                                CORAM : ABHAY S. WAGHWASE, J.
                                                 Dated : March 18, 2026
            PER COURT :-


            1.    Present application is filed for bringing legal heirs of deceased
            respondent no.1 on record.


            2.    For the reasons mentioned in the application, application is allowed.
            Delay caused to file said application is condoned.   Abatement, if any, is
            quashed and set aside.


            3.    Legal heirs of deceased respondent no.1 Gulab Motiram Badgujar be
            taken on record.


                                                          ( ABHAY S. WAGHWASE, J. )




            SPT

Continue reading with your account

Checking your session…