Bombay High Court
ISMAIL BAIG MIRZA ISAM BAIG AND OTHERSversusBABURAO BAPURAO WARKAD DIED THROUGH LRS TARA BAI BABURAO WARKAD AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The court allowed the civil application, condoned the delay, quashed any abatement, and permitted amendment of the title to include the legal heirs of the deceased respondent.
Summary
The petitioners filed a writ petition against the deceased sole respondent, Baburao Baprao Warkad. During the pendency of the petition, the respondent died, prompting the petitioners to gather information about his legal heirs, which caused a delay in filing a related civil application. The court, upon hearing the petitioners' counsel, allowed the civil application, condoned the delay, quashed any abatement, and permitted the petitioners to amend the title clause to include the legal representatives of the deceased respondent. The amendment was ordered to be effected immediately, and the civil application was disposed of. The writ petition was scheduled for further hearing on 28 September 2026.
Issues considered
- Whether the death of the sole respondent necessitates substitution of legal heirs in the proceedings
- Whether the delay caused in filing the civil application can be condoned
- Whether any abatement arising from the respondent's death should be set aside
- Whether the petitioners may amend the title clause to incorporate the legal representatives of the deceased respondent
Subjects
- death of party
- substitution of legal heirs
- condonation of delay
- abatement
- amendment of title clause
- civil application
- writ petition
Judgment
2026:BHC-AUG:38676
(1) 20 WP 3757 OF 2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
20 WRIT PETITION NO. 3757 OF 2024
WITH
CIVIL APPLICATION NO. 3206 OF 2025
IN WP/3757/2024
ISMAIL BAIG MIRZA ISAM BAIG AND OTHERS
VERSUS
BABURAO BAPURAO WARKAD DIED THROUGH LRS TARA BAI BABURAO
WARKAD AND OTHERS
…
Mr. Naseb Kazi h/f. Mr. S. S. Kazi, Advocate for Applicants
Mr. Avinash Khande h/f. Mr. G. V. Sukale, Advocate for Respondent Nos.1.1 to
1.4
…
CORAM : AJIT B. KADETHANKAR, J.
DATE : 24.08.2026
PER COURT :-
. Learned Advocate for the applicants submits that during the
pendency of this writ petition, the sole respondent is learnt to be dead.
Accordingly, after collecting information about his legal heirs, the present Civil
Application is filed. He submits that time was spent in collecting such
information, which caused delay in filing the application.
2. Learned Advocate for the respondents concedes to allowing the
application.
(2) 20 WP 3757 OF 2024
3. For the reasons stated in the application, the same stands allowed.
4. The delay caused in filing the Civil Application stands condoned.
5. Abatement, if any, is also quashed and set aside.
6. The applicants are permitted to amend the title clause of the
petition and the applications therein, if any, by incorporating the names of the
legal representatives of the sole respondent, i.e. applicant Nos.1.1 to 1.4.
7. Amendment be carried out forthwith.
8. The Civil Application stands disposed of.
9. The writ petition be listed on 28.09.2026.
[AJIT B. KADETHANKAR, J.]
PRW
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