Bombay High Court
M.S.E.B.THRU EX.ENGG. BHUSAWALversusRAMDAS SHAMRAO PAWAR DIED THR LRS SUNIL RAMDAS PAWAR AND ORS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SANJAY A DESHMUKH
Holding
The Court condoned the delays and set aside the abatement, holding that the delays were not deliberate and justice warranted allowance of the applications.
Summary
The High Court of Bombay, Aurangabad Bench, entertained two civil applications (Nos. 5118/2017 and 5062/2017) seeking condonation of substantial delays—5,027 days and 5,984 days respectively—in filing applications to bring the legal representatives of deceased respondents on record by setting abatement. The petitioners argued that the delays were not deliberate and that justice required the applications to be entertained. The Court examined the reasons provided and found no evidence of intentional procrastination. Consequently, it held that the delays could be condoned in the interest of justice. The Court allowed both civil applications, condoned the delays, and set aside the abatement, noting that the legal representatives were already on record, making further amendment unnecessary.
Issues considered
- Whether a delay of over 5,000 days in filing a civil application for setting abatement can be condoned.
- Whether the abatement should be set aside when the legal representatives are already on record.
Subjects
- condonation of delay
- abatement
- civil procedure
- legal representatives
- interest of justice
Judgment
2026:BHC-AUG:958
907-fa-580-1998
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 580 OF 1998
M.S.E.B. Through the Executive Engineer
VERSUS
Shamrao Mango Suralkar And Anr.
...
Mr. A. V. Wadwale h/f Mr. A. M. Gaikwad, Advocate for Appellant
Mr. D. J. Patil, AGP for Respondent-State
WITH
CIVIL APPLICATION NO. 2961 OF 1998 IN FA/580/1998 WITH
FIRST APPEAL NO. 572 OF 1998 WITH
FIRST APPEAL NO. 3946 OF 2016 WITH
FIRST APPEAL NO. 1037 OF 2020 WITH
CIVIL APPLICATION NO. 2955 OF 1998 IN FA/572/1998 WITH
CIVIL APPLICATION NO. 5062 OF 2017 IN FA/572/1998 WITH
CIVIL APPLICATION NO. 5118 OF 2017 IN FA/580/1998
CORAM : SANJAY A. DESHMUKH, J.
DATED : 08th JANUARY, 2026
PER COURT :-
CIVIL APPLICATION NO. 5118 OF 2017
1. This is an application for condonation of delay of 5027 days
caused in filing the present application to bring the legal
representatives of deceased respondent no.1 i.e. Shamrao Suralkar on
record by setting abatement.
2. Perused the application. Heard learned Advocates for both
the sides.
3. Considering the reasons stated in the application, it appears
that the delay is not deliberately caused and the application deserves
to be allowed in the interest of justice. Hence, the following order:
ORDER
a. Civil Application is allowed.
b. Delay of 5027 days caused in filing the present application is
condoned.
907-fa-580-1998
-2-
c. The respondent no.1A Bhagwan Shamrao Suralkar is
already on record. Therefore, it is not necessary to carry out the
amendment.
d. Abatement is set aside.
CIVIL APPLICATION NO. 5062 OF 2017
1. This is an application for condonation of delay of 5984 days
caused in filing the present application to bring the legal
representatives of respondent no.1 i.e. Ramdas Pawar on record by
setting abatement.
2. Perused the application. Heard learned Advocates for both
the sides.
3. Considering the reasons stated in the application, it seems
that the delay is not deliberately caused and application deserves to
be allowed in the interest of justice. Hence, the following order:
ORDER
a. Civil Application is allowed.
b. Delay of 5984 days caused in filing the present application is
condoned.
c. The respondent nos.1A to 1D i.e. Sunil Ramdas Pawar, Anil
Ramdas Pawar, Alka Ramdas Pawar and Bali Ramdas Pawar, who are
legal representatives of respondent no.1 i.e. Ramdas Pawar are
already on record. Therefore, it is not necessary to carry out the
amendment.
d. Abatement is set aside.
FIRST APPEALS.
Stand over to 17.01.2026.
(SANJAY A. DESHMUKH, J.)
Rushikesh/2025
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