Bombay High Court

MRS GITABAI AMRU RATHOD L.RS. SHANTABAI L.RS. SOMSINGH L.RS. HARIBHAU L.RS. KAMAL HARIBHAU AND ORSversusSAKHARAM AMRU RATHOD and 0RS

Disposal: DISPOSED OFF

Holding

The Court held that the delay was not deliberately caused, therefore it was condoned, the abatement was set aside, and permission was granted to bring the deceased appellant’s legal representatives on record.

Summary

The petitioners filed a civil application seeking condonation of a 1,865‑day delay, setting aside an abatement, and permission to place the legal representatives of a deceased appellant on the court record. The learned counsel argued that the delay was not deliberate. The Court examined the delay and, relying on the Supreme Court precedent in M. D. A. Chaudhary v. Kartar Chand, held that non‑deliberate delay may be condoned in the interest of justice. Accordingly, the application was allowed, the delay was condoned, the abatement was set aside, and the petitioners were permitted to bring the deceased appellant’s representatives on record. The Court also directed that the necessary amendment be filed within two weeks and listed the second appeal for September 8, 2026.

Issues considered

Whether a delay of 1,865 days in filing the application can be condoned.
Whether the abatement of the proceeding should be set aside.
Whether the legal representatives of a deceased appellant may be permitted to appear on record.

Subjects

condonation of delay
abatement
legal representatives
civil procedure
interest of justice

Judgment

                                       1                            80 ca.3492.24.odt


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     BENCH AT AURANGABAD.
                 80 CIVIL APPLICATION NO. 3492 OF 2024
                             IN SA/1199/2005

MRS GITABAI AMRU RATHOD L.RS. SHANTABAI L.RS. SOMSINGH L.RS.
             HARIBHAU L.RS. KAMAL HARIBHAU AND ORS
                                   VERSUS
                  SAKHARAM AMRU RATHOD AND ORS
                                      ...
Advocate for Applicant : Mr. Abhijeet B. Bhagat, h/f Mr. A. S. Wavhale.
                                      ...

                              WITH
                   SECOND APPEAL NO. 1199 OF 2005
                               ...


                                CORAM : SANJAY A. DESHMUKH, J.
                                DATE       :   24th August, 2026.

P.C.:

1       This application is filed for condonation of delay, setting aside
abatement and permission to bring the legal representatives of
deceased appellant on record.


2       Heard the learned counsel for the applicants.        Perused the
application.    There is delay of 1865 days caused in filing this
application.


3       The learned counsel for the applicants submits that the delay is
not deliberately caused. It is therefore, prayed to allow the application.


4       On perusal of the application, it appears that the delay is not
deliberately caused. Therefore, to decide the lis finally on merits and
in view of the law laid down by the Honourable Supreme Court in the
case of M. D. A. Chaudhary Vs. Kartar Chand and Ors.,
                                             2                         80 ca.3492.24.odt


      MANU/SC/0877/2025, the application deserves to be allowed, in the
      interest of justice, as the delay is not deliberately caused.


      5        For the reasons stated in the application, the application
      deserves to be allowed as the delay is not caused deliberately and
      intentionally. Hence, the civil application is allowed in terms of prayer
      clauses (B) and (C). The delay is condoned. Abatement, if any, is set
      aside.     Permission is granted to bring the legal representatives of
      deceased appellant on record. Necessary amendment be carried out,
      within a period of two weeks from today. The civil application stands
      disposed of.


      6        List the second appeal on 8th September, 2026.




                                             [ SANJAY A. DESHMUKH, J. ]
nga

Continue reading with your account

Checking your session…