Bombay High Court

SAKHARAM GENA SANGULE AND ANOTHERversusASHOK MANOHAR HATWATE AND OTHERS

Disposal: DISPOSED OFF

Holding

The court allowed the civil application, condoned the delay, quashed any abatement, and permitted amendment of the writ petition to include the deceased respondent’s legal representatives.

Summary

The petitioners filed a civil application seeking permission to add the legal representatives of a deceased respondent to the title of an ongoing writ petition. The death of respondent No.2 was learned belatedly, causing a delay of 919 days in filing the application. The petitioners explained that the delay was not intentional and was necessary to identify the four legal representatives. Since no opposition was raised, the court considered whether such a delay could be condoned and whether the amendment of the title clause was permissible. The court allowed the application, condoned the delay, quashed any abatement, and ordered the petitioners to amend the writ petition within four weeks to include the deceased respondent’s representatives.

Issues considered

Whether a delay of 919 days in filing a civil application for amendment can be condoned.
Whether the court may permit amendment of the title clause of a writ petition to include legal representatives of a deceased party.
Whether any abatement arising from the death of a respondent should be set aside.

Subjects

civil procedure
condonation of delay
amendment of pleadings
legal representatives
death of party
abatement
writ petition

Judgment

2026:BHC-AUG:41479



                                                    1
                                                                    960-ca-5221-2025

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                   CIVIL APPLICATION NO. 5221 OF 2025
                                            IN WP/13787/2024

                                Sakharam Gena Sangule And Another
                                            VERSUS
                                Ashok Manohar Hatwate And Others
                                               ...
                     Mr. G. S. Khande h/f Mr. N. L. Jadhav, Advocate for
                     Applicants
                                               ...
                                             WITH
                                WRIT PETITION NO. 13787 OF 2024
                                               …..
                                       CORAM : AJIT B. KADETHANKAR, J.
                                           DATED : 04TH SEPTEMBER, 2026
                     P.C. :-

                     .         It is submitted that during pendency of the Writ

                     Petition, respondent no.2 is learned to be no more. Hence, the

                     present Civil Application is filed seeking permission to bring

                     the legal representatives of deceased respondent no.2 on

                     record. There is delay of 919 days caused in filing the present

                     application.

                     2.        Mr. G. S. Khande h/f Mr. N. L. Jadhav, learned

                     Advocate for the applicants submits that the applicants learnt

                     about death of respondent no.2 belatedly. Thereafter, some

                     time was consumed in gathering the requisite information

                     regarding the legal representatives of deceased respondent
                                   2
                                                     960-ca-5221-2025

no.2, who are stated to be four in number. He would submit

that in all this process, the delay is caused. He further submits

that the delay is not deliberate nor intentional. For correct

adjudication of the Writ Petition, it is necessary to bring the

legal representatives of respondent no.2 on record to facilitate

them an opportunity of hearing.

3.      Since there is nobody from the other side to oppose the

application, I deem it appropriate to allow the Civil

Application. Hence, the following order:

                                ORDER

        a.       Civil Application stands allowed.
        b.    Delay of 919 days caused in filing the
        present application is hereby condoned.
        c.     Abatement if any, stands quashed and set
        aside.
        d.    Petitioners are permitted to amend the title
        clause of the Writ Petition by incorporating the
        names of present respondent nos.2A to 2D as
        legal representatives of deceased respondent
        no.2.
        e.    Amendment be carried out within a period
        of four weeks from today.



                                       ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026

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