Bombay High Court
SHIVAJI VENKAT GAMBHIRE (DIED HIS LRS) DWARKABAI AND OTHERSversusTHE STATE OF MAHARSHTRA THROUGH COLLECTOR LATUR AND ANR.,
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SANJAY A DESHMUKH
Holding
The Court condoned the delay, set aside the abatement, and granted permission to bring the deceased claimant’s legal representatives on record.
Summary
The petitioners filed a civil application seeking condonation of a 1157‑day delay in filing, setting aside an abatement, and permission to record the legal representatives of the deceased claimant, Shivaji Venkata Gambhire. The Court examined the reasons for the delay and found them not deliberate or intentional. Accordingly, the Court condoned the delay, set aside any abatement, and allowed the petitioners to bring the deceased’s legal representatives on record. The Court directed that the necessary amendments be made to the appeal memo and other applications within two weeks. The civil application was consequently disposed of in favour of the petitioners.
Issues considered
- Whether a delay of 1157 days in filing the application can be condoned.
- Whether the abatement of the suit can be set aside.
- Whether the legal representatives of a deceased claimant may be permitted to be added to the cause title.
Subjects
- condonation of delay
- abatement
- legal representatives
- civil procedure
- High Court
Judgment
2026:BHC-AUG:17297-DB
1 904-ca.3633.26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
904 CIVIL APPLICATION NO. 3633 OF 2026
IN FA/190/2014
SHIVAJI VENKAT GAMBHIRE (DIED HIS LRS)
DWARKABAI AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA,
THROUGH COLLECTOR LATUR AND ANOTHER
...
Advocate for Applicant : Mr. V. D. Gunale, a/w Mr. Shrikant J. Sonkawade.
AGP for Respondent / State : Mr. S. G. Joshi.
...
CORAM : SANJAY A. DESHMUKH, J.
DATE : 18th April, 2026.
P.C.:
1 This application is filed for condonation of delay, setting aside
abatement and permission to bring the legal representatives of
deceased claimant Shivaji on record.
2 Perused the application. There is delay of 1157 days caused in
filing this application.
3 For the reasons stated in the application, the application
deserves to be allowed, as the delay is not caused deliberately and
intentionally. Hence, the delay is condoned. Abatement, if any, is set
aside. Permission is granted to bring the legal representatives of
deceased claimant Shivaji on record. Necessary amendment be
2 904-ca.3633.26.odt
carried out in the cause title of appeal memo and other applications,
within a period of two weeks from today. The civil application stands
disposed of.
[ SANJAY A. DESHMUKH, J. ]
nga
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