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Bombay High Court

ASHOK JAGDEV PENDHARKAR DIED THROUGH HIS LRS MANGAL ASHOK PENDHARKAR AND OTHERSversusSTATE OF MAHARASHTRA AND OTHERS

Disposal
APPLICATION ALLOWED

Holding

The court held that the delay may be condoned and any abatement, if any, is set aside.

Summary

The petitioners, legal heirs of the deceased appellants, filed a civil application seeking to be brought on record despite a delay of 203 days in filing. They requested the court to condone this delay and to set aside any abatement that might have been effected against them. The court examined whether procedural rules permitted condonation of such a delay and whether an abatement, if any, could be reversed. Finding no substantive impediment, the court allowed the application, thereby condoning the delay and setting aside any abatement. It further directed that the necessary amendment be effected within two weeks. No substantive factual dispute or detailed reasoning was recorded beyond the order.

Issues considered

  • Whether a delay of 203 days in filing the application can be condoned under civil procedure rules
  • Whether any abatement, if effected, can be set aside

Subjects

  • civil procedure
  • condonation of delay
  • abatement
  • legal heirs
  • amendment

Judgment

2026:BHC-AUG:11886


                            IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                       BENCH AT AURANGABAD

                                  910 CIVIL APPLICATION 3316 OF 2026
                                             IN SA/258/2016

                                   Shri. Ashok Jagdev Pendharkar And Anr
                                                   VERSUS
                                        State Of Maharashtra And Ors
                                                       ...
                          Advocate for Appellant :Mr. N. S. Jaju h/f Mr. Natu Sharad V.
                                AGP for Respondents-State: Mr. P. M. Kulkarni
                                                       ...

                                                 CORAM            : ARUN R. PEDNEKER, J.
                                                 Dated            : March 18, 2026

           PER COURT :


           1.       The present Civil Application is filed for bringing the legal heirs of

           deceased appellants No. 1 and 2 on record by condoning the delay of 203

           days caused in filing the application and by setting aside the abatement, if

           any.

           2.       For the reasons stated in the application, the said application is

           allowed and disposed of. Abatement, if any, is set aside.

           3.       Amendment be carried out within a period of two weeks.




                                                                    ( ARUN R. PEDNEKER, J. )




           vj gawade/-.




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