Bombay High Court

VITHAL RAMJI NARHARE DIED THR HIS LERS SHAKUNTALA AND ORS.versusTHE STATE OF MAHARASHTRA THR COLLECTOR LATUR AND AND ANOTHER.

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SANJAY A DESHMUKH

Holding

The court held that the delay was not deliberate and therefore condoned it, setting aside the abatement.

Summary

The appellant sought condonation of a 1,099‑day delay in filing a civil application to bring the legal representatives of the deceased appellant on record and to set aside an abatement. The State and a second respondent opposed, arguing there were no sufficient reasons for condonation. The court examined the reasons and found the delay was not deliberate, emphasizing that the merits of the case required the representatives to be on record. In the interest of justice, the court allowed the application, condoned the delay, set aside the abatement, and granted permission to amend the record within two weeks, subject to costs if not complied. The order was pronounced by Justice Sanjay A. Deshmukh on 8 April 2026.

Issues considered

Whether a delay of 1,099 days in filing the civil application can be condoned.
Whether the abatement can be set aside in view of the delay.

Subjects

condonation of delay
abatement
legal representatives
civil procedure
interest of justice

Judgment

                                                 923 FA NO. 977 OF 2015.odt


       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD
               923 FIRST APPEAL NO. 977 OF 2015

                       Vithal Ramji Narhare
                              VERSUS
              The State Of Maharashtra And Another
                                ...
Mr. V. D. Gunale, Advocate for Appellant
Ms. Anuradha S. Mantri, AGP for Respondents/State
Mr. Manish N. Navandar, Advocate for Respondent No.2
                               WITH
     CIVIL APPLICATION NO. 4094 OF 2026 IN FA/977/2015
                                ….

                   CORAM : SANJAY A. DESHMUKH, J.
                      DATE : 08.04.2026
PER COURT :-

CIVIL APPLICATION NO. 4094 OF 2026

1.        Heard.


2.        This is an application for condonation of 1099 days

delay caused in filing the Civil Application for bringing the legal

representatives of deceased appellant Vithal Ramji Narhare on

record as well as for setting aside abatement.


3.        Learned AGP for the respondent / State and learned

Advocate for respondent No.2 strongly opposed the application

and submitted that there is no sufficient reasons to condone the

delay. They prayed to reject the application.



                                                                  1 of 2
                                         (( 2 ))       923 FA NO. 977 OF 2015


4.               Perused the application. Considering the reasons stated

therein, it appears that the delay is not deliberately caused. The lis of

the applicants is required to be decided on merits. Accordingly, 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 1099 caused in filing the Civil
           Application for bringing the legal representatives of
           deceased appellant on record is condoned.

           c.    The abatement is set aside.

           d.    Permission to bring the legal representatives of
           the deceased appellant/Vithal Ramji Narhare on
           record is granted.    The amendment be carried out
           within a period of two weeks from today.           If the
           amendment is not carried out within the stipulated
           period, the applicants have to pay costs of Rs.2,000/-.



.               List the First appeal on 24.04.2026.



                                      [ SANJAY A. DESHMUKH, J. ]




HRJadhav                                                               2 of 2

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