Bombay High Court

RADHESHAM JAGNATH MITTALversusANNA BABURAO JADHAV (DIED) THR. GANADHAR ANNA JADHAV AND ORS

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

Holding

The application is allowed; the delay is condoned and the abatement is set aside.

Summary

The applicant filed a civil application seeking condonation of a 2,254‑day delay in bringing the legal representatives of the deceased respondent, Anna Baburao Jadhav, on record, and also requested that the abatement of the proceeding be set aside. The respondent’s counsel opposed the relief. The court examined the reasons for the delay and found that it was not deliberately caused. In the interest of justice, the court allowed the application, set aside the abatement, and condoned the delay. The applicant was directed to amend the appeal memo to include the legal representatives within a week, and the civil application was thereafter disposed of.

Issues considered

Whether the court should condone a delay of 2,254 days in filing the civil application for bringing the legal representatives of a deceased respondent on record
Whether the abatement of the proceeding should be set aside

Subjects

condonation of delay
abatement
legal representatives of deceased
civil procedure
interest of justice

Judgment

                                               934 CA NO. 4423 OF 2025.odt


       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD

           934 CIVIL APPLICATION NO. 4423 OF 2025
                       IN FA/1942/2024
                     Radhesham Jagnath Mittal
                             VERSUS
Anna Baburao Jadhav (died) Thr. Ganadhar Anna Jadhav And Ors
                                 ...
Mr. R. F. Totala i/by Mr. Lohiya Swapnil Vijendrakumar, Advocate
for Applicant
Mr. A S Usmanpurkar, Advocate for Respondent No.2

                    CORAM : SANJAY A. DESHMUKH, J.
                      DATE : 17.01.2026
PER COURT :-

1.        Heard.


2.        This is an application for condonation of 2254 days

delay caused in filing the Civil Application for bringing the legal

representatives of deceased respondent (Anna Baburao Jadhav)

on record as well as for setting aside abatement.


3.        Learned Advocate for the respondent No.2 strongly

opposed the application.


4.          Perused the application.      Considering the reasons

stated therein, it appears that the delay is not deliberately caused.

Hence, the application deserves to be allowed in the interest of

justice. Hence, the following order:

                                                                  1 of 2
                                        (( 2 ))     934 CA NO. 4423 OF 2025


                            ::ORDER::

          a.    The application is allowed by setting aside the
          abatement.

          b.    The delay of 2254 caused in filing the Civil
          Application for bringing the legal representatives of
          deceased respondent (Anna Baburao Jadhav) on
          record is condoned.

          c.    The applicant is directed to amend the appeal
          memo by bringing the legal representatives of the
          deceased     respondent (Anna Baburao Jadhav) on
          record within one week.

          d.    The Civil Application is disposed of.



IN FIRST APPEAL NO.1942 OF 2024

1.              After the amendment is carried out, issue notice to the

legal heirs of respondent (Anna Baburao Jadhav), returnable on

18.02.2026.

2.              Call Record and Proceedings.



                                     [ SANJAY A. DESHMUKH, J. ]




     HRJadhav                                                           2 of 2

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