Bombay High Court

BABURAO JANABHAU LINGASE AND ANOTHERversusBABURAO ALIAS PATILBA PANDURANG KHATAKE DIED THROUGH HIS LRS KANTA BABURAO KHATKE

Disposal: APPLICATION ALLOWED
Bench: MEHROZ K PATHAN

Holding

The three‑day delay is condoned, and the application to bring the deceased respondent's legal representatives on record is allowed.

Summary

The applicants, Baburao Janabhau Lingase and another, filed a civil application seeking to bring the legal representatives of the deceased respondent on record. The application was filed three days after the prescribed time, but the delay was explained as beyond the applicants' control. The court, after hearing counsel, found the delay non-deliberate and condoned it, directing the applicants to file the representatives' details within a week. The matter was amicably settled between the parties, and the court allowed the application and disposed of the civil suit. The second appeal was listed for a later date.

Issues considered

Whether a three‑day delay in filing an application to bring the legal representatives of a deceased party on record can be condoned.

Subjects

condonation of delay
legal representatives of deceased
civil procedure
procedural application
representation of deceased

Judgment

                                 1               8ca4397.26 production



     IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD

                8 CIVIL APPLICATION NO. 4397 OF 2026
                           IN SA/243/2019
                                WITH
                   SECOND APPEAL NO. 243 OF 2019

        BABURAO JANABHAU LINGASE AND ANOTHER
                            VERSUS
BABURAO ALIAS PATILBA PANDURANG KHATAKE DIED THROUGH
               HIS LRS KANTA BABURAO KHATKE
                               ...
         Advocate for Applicants : Mr. Vitthal Gena Mete
  Advocate for Respondent in Second Appeal : Mr. V. D. Salunke
                               ...


                                CORAM : MEHROZ K. PATHAN, J.
                                DATE : 30.04.2026.

PER COURT :

1.            Heard the learned Counsel for the applicants.


2.            The learned Counsel Mr. Mete for the applicants submits

that the matter is amicably resolved between the applicants and the

respondents.


3.            The present application is filed for bringing the legal

representatives of the deceased respondent on record. There is           3

days delay in filing of the said application. The delay is not deliberate

and is caused due to the reasons beyond the control of the

applicants.


4.            For the reasons stated in the application, the application
                                2                8ca4397.26 production



is allowed. The delay of 3 days in filing the application for bringing

the legal representatives of the respondents on record is condoned.



5.           The applicants shall bring the legal representatives of the

deceased respondents on record within a period of one week from

today.



6.           The Civil Application stands allowed and is disposed of.



7.           List the Second Appeal on 07.05.2026.




                                      ( MEHROZ K. PATHAN, J. )




mahajansb/

Continue reading with your account

Checking your session…