Bombay High Court

RAMBHAU UMAJI CHAKKAR DECEASED THRU. L.RS. RADHAKISHAN RAMBHAU CHAKKR AND ANRversusMAI NARAYAN DESHMUKH DECEASED THRU. L.RS. AMBADAS NARAYAN KULKARNI AND OTHERS

Disposal: DISPOSED OFF
Bench: SANJAY A DESHMUKH

Holding

The application for condonation of delay and amendment is allowed.

Summary

The applicant filed a petition seeking condonation of a 1521‑day delay in filing an application to set aside an abatement, to bring the legal representatives of respondent No.4 on record, and to effect an amendment. The High Court examined the application and heard counsel for both parties. Considering the antiquity of the matter and the grounds pleaded, the Court found the reasons for delay sufficient to merit condonation. Consequently, the Court allowed the application, directing that the amendment be completed within two weeks, failing which the applicant must pay Rs.2,000 to the High Court Legal Services Sub‑Committee. The Court also ordered the listing of related appeals and contempt petitions for hearing on 14 July 2026 and directed the appellant to furnish an amended appeal memo to the respondents before the next date.

Issues considered

Whether a delay of 1521 days in filing the application for setting aside abatement can be condoned
Whether the legal representatives of respondent No.4 can be brought on record after such delay
Whether the amendment sought by the applicant may be permitted

Subjects

condonation of delay
civil procedure
abatement
amendment
high court

Judgment

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                                 -1-


       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

           1007 CIVIL APPLICATION NO. 2523 OF 2026
                      IN/WITH AO/104/2009

   Rambhau Umaji Chakkar Deceased Thru. L.rs. Radhakishan
                    Rambhau Chakkar And Anr
                              VERSUS
 Mai Narayan Deshmukh Deceased Thru. L.rs. Ambadas Narayan
                         Kulkarni And Others
                                  ...
Advocate for Applicant : Mr. N.B. Bhosale h/f Mr. V.D. Salunke
Advocate for Respondents: Mr. D.A. Karnik h/f Mr. Vivek Dhage
                                  …..

                    CORAM : SANJAY A. DESHMUKH, J.
                    DATED : 7th JULY, 2026

PER COURT :-


1.       Perused the application.      This application is filed for

condonation of delay of 1521 days caused in filing for the application

for setting aside the abatement, bringing the legal representatives of

respondent No.4 on record and carrying out the amendment.



2.       Heard learned advocates for both the sides. Considering

that the matter is old one and grounds stated in the application, the

application deserves to be allowed. The application is accordingly

allowed. Amendment to be carried out within two weeks from today. If

the amendment is not carried out within the aforesaid period, the

applicants have to pay costs of Rs.2,000/- (Rupees Two thousand) to

the High Court Legal Services Sub Committee, Aurangabad.
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                                 -2-



3.       List the appeal from order, contempt petition as well as the

pending civil applications, on 14.07.2026, first on board. Learned

advocate for both sides are directed to argue the matters finally on

the next date.



4.       Learned advocate for the appellant undertakes that till the

next date, he will take necessary steps in the matter. The appellants

are directed to provide amended copy of the appeal memo to the

learned advocate for the respondents on/before the next date.



                                  (SANJAY A. DESHMUKH, J.)

rlj/

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