Bombay High Court

VITHAL SATWAJI GITEversusSUGREEV MANIKA YADAV AND ORS.

Disposal: APPLICATION ALLOWED

Holding

The Court condoned the delay, set aside the abatement, and permitted the legal representatives of the respondents to be brought on record.

Summary

The appellant Vithal Satwaji Gite filed a second appeal and several civil applications seeking condonation of substantial delays—11,219, 4,731 and 9,848 days—in filing applications to set aside an abatement and to bring the legal representatives of three respondents on record. The respondent opposed the condonation. The Court examined the applications and found that the delay was not deliberately caused and therefore warranted condonation in the interest of justice. Consequently, the Court set aside the abatement, allowed the applications, and granted permission to record the legal representatives of the respondents, directing amendment within two weeks. The separate stay application was dismissed as infructuous, and the appeal was scheduled for final hearing on 4 September 2026.

Issues considered

Whether the extensive delay in filing applications for setting aside abatement and for bringing legal representatives on record can be condoned.
Whether the abatement should be set aside.
Whether the stay application should be entertained or dismissed.

Subjects

condonation of delay
abatement
legal representatives
Civil Procedure Code
stay application
appeal

Judgment

2026:BHC-AUG:38069



                                                  (1)               923 sa 35.98

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                               923 SECOND APPEAL NO. 35 OF 1998
                            WITH CIVIL APPLICATION NO. 4871 OF 2024
                            WITH CIVIL APPLICATION NO. 4872 OF 2024
                            WITH CIVIL APPLICATION NO. 4873 OF 2024
                            WITH CIVIL APPLICATION NO. 578 OF 1998

                                           VITHAL SATWAJI GITE
                                          VERSUS
                                SUGREEV MANIKA YADAV AND ORS.

                                                …..
                           Advocate for Appellant : Mr. B.N. Gadegaonkar
                          Advocate for Respondents : Mr. Ramraje P. Magar
                                                …..

                                             CORAM :    SANJAY A. DESHMUKH, J.
                                             DATE :     20.08.2026

           P.C.:-

           Civil Applications for delay:

           1.           These are the applications seeking condonation of delay of

           11,219 days, 4,731 days, and 9,848 days, respectively, caused in filing the

           applications for setting aside the abatement and for bringing the legal

           representatives (LRs) of Respondent No. 2 on record in Civil Application No.

           4871/2024, the LRs of Respondent No. 3 on record in Civil Application No.

           4872/2024, and the LRs of Respondent No. 4 on record in Civil Application

           No. 4873/2024, respectively.
                                       (2)                   923 sa 35.98

2.            Perused the applications. Heard the learned advocates for both

the sides


3.             The learned advocate for the respondent strongly opposed the

application


4.            On perusal of applications and the grounds stated in the

applications, it appears that the delay has not been deliberately caused and

the same deserves to be condoned, the delay of 11,219 days, 4,731 days, and

9,848 days stands condoned. The applications stand allowed in the interest of

justice.    Abatement is set aside and permission for bringing the legal

representatives (LRs) of Respondent No. 2 on record in Civil Application No.

4871/2024, the LRs of Respondent No. 3 on record in Civil Application No.

4872/2024, and the LRs of Respondent No. 4 on record in Civil Application

No. 4873/2024 is granted. Amendment be carried out within two weeks.


Civil Application for stay:

5.            Application for stay is disposed of as it has become infructuous.


Appeal:

6.            Place the appeal on 04.09.2026 for final hearing, first on board.



                                                  [SANJAY A. DESHMUKH, J.]
mubashir

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