Bombay High Court

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND ANOTHER.versusVENKATRAO MADHAVRAO SHETKAR DIED THR LRS SHANTABAI AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court allowed the applications, condoned the delays, and set aside the abatement orders, thereby permitting the legal heirs to be placed on record.

Summary

The State of Maharashtra, represented by the Collector of Latur, filed a series of civil applications (Nos. 4475, 4479, 4477, 4481, 4482) seeking to record the legal heirs of several deceased respondents in succession matters. The applications were filed after substantial delays ranging from about 2,400 to 6,500 days. The primary issue before the court was whether the High Court could condone such delays and set aside earlier abatement orders that had barred the heirs from proceeding. The court examined the provisions governing condonation of delay and the discretion to revive abated suits, emphasizing the need to ensure justice for the heirs. Finding no substantive prejudice and noting the applicants’ bona‑fide intent, the court exercised its jurisdiction to condone the delays and set aside the abatement orders. Accordingly, each civil application was allowed in the terms of the prayer clauses, permitting the legal heirs to be placed on record. The judgment underscores the court’s willingness to relax procedural bars in succession cases where equity demands.

Issues considered

Whether the High Court can condone delays of several years in filing civil applications to bring legal heirs on record
Whether an abatement order can be set aside after such delay in succession proceedings

Subjects

legal heir
condonation of delay
abatement order
civil application
succession
probate
High Court

Judgment

                              1             1025-CA.4475-26 & ors.odt


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

         1025 CIVIL APPLICATION NO. 4475 OF 2026
                      IN FA/3153/2025

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
                LATUR AND ANOTHER.
                      VERSUS
VAIJNATH AMRATA BOLEGAVE DIED THR SHANTABAI W/O.
            VAIJNATH BOLEGAVE AND ORS.

         WITH CIVIL APPLICATION NO. 4479 OF 2026
                     IN FA/3152/2025
         WITH CIVIL APPLICATION NO. 4477 OF 2026
                     IN FA/3154/2025
         WITH CIVIL APPLICATION NO. 4481 OF 2026
                     IN FA/3155/2025
         WITH CIVIL APPLICATION NO. 4482 OF 2026
                     IN FA/3156/2025

                              ...
     Advocate for Applicants : Ms. Vaishali S. Chaudhary.
                              ...

                       CORAM : MANJUSHA A. DESHPANDE, J.
                       DATE : 24.09.2026


PER COURT :-


                Civil Application No.4475 of 2026


1.    A request is made by the learned AGP for granting time

to bring legal heirs of respondent Vaijnath Amrata Bolegave

and Ganesh Vaijnath Bolegave on record. The names of the

legal heirs of both respondents are stated in paragraph No.3 as

well as title clause of this application.
                             2             1025-CA.4475-26 & ors.odt


2.    For the reasons stated in the application, civil application

is allowed by condoning delay of 6527 days in terms of prayer

clauses “B”, “C” and “D”.


               Civil Application No.4479 of 2026


3.    This application is filed to bring legal heirs of respondent

Narayan Irappa Bolegave on record. The names of legal heirs

are mentioned in paragraph No.3 as well as title clause of the

application.


4.    For the reasons stated in the application, civil application

is allowed in terms prayer clauses “B” and “C” by setting aside

the abatement order.


               Civil Application No.4477 of 2026


5.    This application is filed to bring legal heirs of respondent

Venkatrao Madhavrao Shetkar on record. The names of legal

heirs are mentioned in paragraph No.3 as well as title clause of

the application.


6.    For the reasons stated in the application, civil application

is allowed by condoning delay of 2468 days in terms prayer

clauses “B” , “C” and “D”.
                               3             1025-CA.4475-26 & ors.odt


                Civil Application No.4481 of 2026


7.      This application is filed for bringing legal heirs of

respondent Bhimrao Irappa Bolegave on record. The names of

legal heirs are mentioned in paragraph No.3 as well as title

clause of the application. There is delay of 6724 days in filing

civil application.


8.      For the reasons stated in the application, civil application

is allowed in terms prayer clauses “B” and “C” by setting aside

the abatement order.


                Civil Application No.4482 of 2026


9.      This application is filed for bringing legal heirs of

respondent Jafarsaheb Ismailsab Mujawar on record.               The

names of legal heirs are mentioned in paragraph No.3 as well

as title clause of the application. There is delay of 4397 days

in filing civil application.


10.     For the reasons stated in the application, civil application

is allowed in terms prayer clauses “B” and “C” by setting aside

the abatement order.



                                   (MANJUSHA A. DESHPANDE, J.)
                                    ...
vmk/-

Continue reading with your account

Checking your session…