Bombay High Court

GYNARAO PUNDLIKRAO JADHAV DEAD THR LRS VIPIN GYANRAO JADHAV AND OTHERSversusRUKMINBAI NAMDEORAO JADHAV DIED THROUGH LRS AND OTHERS

Disposal: APPLICATION ALLOWED

Holding

The court held that the delays were not deliberate and should be condoned, setting aside the abatement and allowing the legal representatives of the deceased respondent to be brought on record.

Summary

The applicants sought condonation of a 284‑day delay in filing a civil application to bring the legal representatives of deceased Respondent No.6 on record, and a 224‑day delay in setting aside an abatement. The respondents opposed the application. The court examined the reasons for delay, noting that it was not deliberate, and applied the liberal approach endorsed by the Supreme Court in Perumon Bhagvathy Devaswom v. Bhargavi Amma. It held that justice required allowing the amendment, thereby condoning the delays, setting aside the abatement, and granting permission to bring the deceased’s legal representatives on record. The order directed the amendment to be effected within two weeks, failing which costs would be imposed.

Issues considered

Whether the delay of 284 days in filing the application to bring the legal representatives of the deceased respondent on record can be condoned.
Whether the delay of 224 days in seeking to set aside the abatement can be condoned.
Whether the abatement should be set aside and permission granted to bring the deceased respondent’s legal representatives on record.

Subjects

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

Judgment

                                              961 CA NO. 3278 OF 2026.odt


      IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                 BENCH AT AURANGABAD
           961 CIVIL APPLICATION NO. 3278 OF 2026
                       IN SA/293/2022

  Gynarao Pundlikrao Jadhav Dead Thr Lrs Vipin Gyanrao Jadhav
                           And Others
                             VERSUS
   Rukminbai Namdeorao Jadhav Died Through Lrs And Others
                                ...
Ms. Prajakta P. Deshmukh h/f Mr. Milind Madhukar Patil, Advocate
for Applicant
Mr. Gopal D. Kale, Advocate for Respondent No.5 in SA
                              WITH
  CIVIL APPLICATION NO. 3279 OF 2026 IN SA/293/2022WITH
                SECOND APPEAL NO. 293 OF 2022
                                ….

                    CORAM : SANJAY A. DESHMUKH, J.
                      DATE : 23.09.2026
PER COURT :-

CIVIL APPLICATION NO. 3278 OF 2026

1.        Heard learned Advocates for both sides.


2.        This is an application for condonation of 284 days delay

caused in filing the Civil Application for bringing the legal

representatives of deceased Respondent No.6 on record and 224

days delay caused in setting aside the abatement and permission

to bring the L.Rs. of deceased Respondent No.6 on record.


3.        Learned    Advocates   for   the   respondents      strongly

opposed the application.

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                                    (( 2 ))      961 CA NO. 3278 OF 2026


4.          Perused the application. Considering the reasons stated

therein and the fact that the Applicants seek to bring the legal

representatives of the deceased Respondent No.6 on record so as to

enable this Court to decide the lis finally on merits, the delay deserves

to be condoned as it is not deliberately caused. It is well settled that,

while considering an application for setting aside abatement, the

Courts are required to adopt a liberal approach, as laid down by the

Hon'ble Supreme Court in the case of Perumon Bhagvathy Devaswom

v. Bhargavi Amma (Dead) by LRs., (2008) 8 SCC 321 . In view of the

facts and circumstances of the present case, the application deserves

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

                           ::ORDER::

      a.    The application is allowed.

      b.    The delay of 284 days caused in filing the Civil
      Application for bringing the legal representatives of
      Respondent No.6 on record and the delay of 224 days
      delay caused in setting aside the abatement are
      condoned.

      c.    The abatement is set aside.

      d.    Permission to bring the legal representatives of
      of deceased Respondent No.6 on record is granted.
      The amendment be carried out within a period of two
      weeks from today. If the amendment is not carried

                                                                  2 of 3
                                       (( 3 ))      961 CA NO. 3278 OF 2026


           out within the stipulated period, the applicants shall
           be liable to pay costs of Rs.2,000/- to the Advocates’
           Chambers     Allottees   Maintenance     Co-operative
           Society,   High    Court     Premises,    Chhatrapati
           Sambhajinagar.



.              Stand over to 28.10.2026.




                                           [ SANJAY A. DESHMUKH, J. ]
HRJadhav




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