Bombay High Court
ONKAR KHANDU SONWANE DECEASED THROUGH HIS LEGAL REPR. NARMADABAI DECEASED HIMMATRAO AND ORS.versusTHE EXECUTIVE ENGINEER WESTERN RAILWAY CHARCHGATE AND ANR.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The High Court condoned the delays, set aside the abatement of Cross Objection No. 63/2026, and allowed the legal representatives of the deceased to be brought on record.
Summary
The applicant filed a civil application seeking to set aside the abatement of Cross Objection No. 63/2026 and to bring the legal representatives of the deceased respondent on record, despite delays of over twelve years. The court noted that a related application by the acquiring body had been allowed on 7 August 2026. Relying on that, the court condoned the 4,541‑day delay in filing the application to set aside the abatement and the 4,601‑day delay in seeking to record the legal representatives. It consequently set aside the abatement of the cross objection and permitted the legal representatives of the deceased to be placed on record. The amendment was to be effected within two weeks, and the application was disposed.
Issues considered
- Whether a delay of 4,541 days in filing an application to set aside the abatement of a cross objection can be condoned.
- Whether the abatement of Cross Objection No. 63/2026 can be set aside.
- Whether a delay of 4,601 days in applying to bring the legal representatives of a deceased cross objectionist on record can be condoned.
- Whether the legal representatives of the deceased cross objectionist may be allowed to appear on record.
Subjects
- civil procedure
- abatement
- cross objection
- condonation of delay
- legal representatives
- High Court
Judgment
2026:BHC-AUG:38284
914-FA-521-11.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
914 CIVIL APPLICATION NO.4148 OF 2026 IN X-OBJ./63/2026
IN
FIRST APPEAL NO.521 OF 2011
Onkar Khandu Sonwane (Deceased) Through L.R.s Narmadabai Onkar Chaudhari
(Deceased) Through L.Rs. Himmatrao Onkar Chaudhari And Other
VERSUS
The Executive Engineer Western Railway, Charchgate
......
Mr. Girish S. Rane, Advocate for the Applicant
Mr. M.N. Navandar, Advocate for Respondent No.1
Mr. A.D. Wange, Advocate for Respondent No.2
......
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 21 AUGUST, 2026
PER COURT :
1. This Civil Application is filed for bringing on record the legal
representatives of deceased Respondent No.1, as described in paragraph
No.3 of the application, by condoning the delay in filing the application for
setting aside the abatement of Cross Objection No.63 of 2026 and the delay
in bringing the legal representatives of the deceased Respondent No.1 on
record.
2. Considering the averments made in the application and the fact that
this Court, on 07.08.2026, allowed Civil Application No.8599 of 2026 filed
by the acquiring body for the same purpose, the Civil Application is allowed
in terms of prayer clauses ‘A’, ‘B’, ‘C’ and ‘D’, which read thus:
914-FA-521-11.odt
2
“[A] The Hon'ble High Court may be pleased to condone the
delay of 4541 days caused in preferring application for setting
aside abatement of Cross Objection No. 63/2026 against the
deceased Cross Objectionist Onkar Khandu Sonawane @
Chaudhari.
[B] The Hon'ble High Court may be pleased to set aside the
abatement of Cross Objection No. 63/2026 against the Cross
Objectionist Onkar Khandu Sonawane @ Chaudhari.
[C] The Hon'ble High Court may be pleased to condone the
delay of 4601 days in preferring the application for bringing
legal representatives of deceased Cross Objectionist Onkar
Khandu Sonawane @ Chaudhari on record.
[D] The Hon'ble High Court may be pleased to allow the
applicants to bring the legal representatives of deceased Cross
Objectionist Onkar Khandu Sonawane on record as
mentioned in Paragraph No.3 of this Civil Application.”
3. The amendment shall be carried out within a period of two weeks
from today.
4. The Civil Application is disposed of.
5. List the First Appeal as well as Cross Objection on 04.09.2026.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
S P Rane
Checking your session…