Bombay High Court
SHANTABAI RAMRATAN SHRIVASTAV and ORSversusSHANKAR JAIKISAN WADGAONKAR L.RS. RAMESH and ORS
- Disposal
- APPLICATION ALLOWED
- Bench
- ARUN R PEDNEKER
Holding
The court held that the one‑day delay may be condoned and allowed the application.
Summary
The appellant filed Civil Application No. 4843 of 2024 seeking to have the legal heirs of a deceased party (appellant No. 14) placed on record. The filing was delayed by one day, and the appellant requested condonation of that delay. The court examined whether such a minimal delay could be excused under procedural law. Finding no substantive prejudice, the court permitted the condonation. Consequently, the application was allowed, disposed of, and the parties were directed to carry out the necessary amendment within three weeks.
Issues considered
- Whether a delay of one day in filing a civil application for condoning the inclusion of legal heirs can be condoned?
Subjects
- legal heirs
- condonation of delay
- civil procedure
- amendment
Judgment
2026:BHC-AUG:11887
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD
920 CIVIL APPLICATION NO. 4843 OF 2024
IN SA/1238/2005
Mrs Shantabai Ramratan Shrivastav And Ors
VERSUS
Shankar Jaikisan Wadgaonkar And Ors
...
Advocate for Appellant : Ms. Aihwarya Tekale h/f Mr. Dawalkar Parikshit P
Advocate for Respondents : Mr. S. V. Dixit h/f Mr. L. V. Sangit
...
CORAM : ARUN R. PEDNEKER, J.
Dated : March 18, 2026
PER COURT :
1. Civil Application No. 4843 of 2024 is filed for bringing the legal heirs of
deceased appellant No. 14 on record by condoning delay of one day caused
in filing the application.
2. The said application is allowed and disposed of.
3. Necessary amendment be carried out within a period of three weeks.
( ARUN R. PEDNEKER, J. )
vj gawade/-.
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