Bombay High Court
PANDIT KASHINATH KHOTKAR AND OTHERSversusGULABCHAND CHANDULAL BAFNA THROUGH LRS NARENDRA CHANDULAL BAFNA THROUGH LRS ABHAY N BAFNA AND ORS
- Disposal
- DISPOSED OFF
Holding
The court held that, on the basis of the averments made, it could condone the delay and allow the amendment to bring on record the legal heirs of petitioner No.2.
Summary
The petitioners filed a civil application seeking to bring on record the legal heirs of petitioner No.2, requesting condonation of delay. The respondents opposed the amendment, arguing procedural impropriety. The court examined the averments made in the application and found them sufficient to justify condonation of the delay. Accordingly, the court allowed the application in terms of prayer clauses (b), (c) and (d), ordering the respondents to pay costs of Rs.25,000 to the Cancer Hospital, Aurangabad. The court further directed that the amendment be effected within seven weeks. No substantive dispute of law beyond procedural compliance was raised.
Issues considered
- Whether the court can condone the delay in filing the application to bring on record the legal heirs of petitioner No.2
- Whether the amendment sought by the petitioners should be permitted
Subjects
- civil procedure
- condonation of delay
- amendment of pleadings
- legal heirs
Judgment
2026:BHC-AUG:12547
Dilwale 1 83-CA-3498-26WP-3086-18.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
83 CIVIL APPLICATION NO.3498 of 2026
IN
WRIT PETITION NO. 3086 OF 2018
Pandit Kashinath Khotkar & Others
VERSUS
Gulabchand Chandulal Bafna Through Lrs Narendra Chandulal Bafna
Through Lrs Abhay N Bafna & Ors
...
Advocate for the Petitioners : Mr. Rajendra S.Deshmukh, Senior
Advocate, Mr. Nilanjan Pande, Mr. Harshal Nandre and Mr. Kunal A Kale
AGP for Respondents: Mr. R. B. Dhaware
Advocate for Respondents : Mr. Bajaj Anil S.
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 18.03.2026
PER COURT :
CIVIL APPLICATION NO.3498 of 2026
1. This application is filed for bringing on record legal heirs of
petitioner no.2 by condoning the delay.
2. Considering the averments in the application, the application is
allowed in terms of prayer clauses (b), (c) and (d), subject to payment of
costs of Rs.25,000/- payable to the Cancer Hospital, Aurangabad.
3. Amendment be carried out within a period of seven weeks.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
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