Bombay High Court

MANOHAR DATTU DESHPANDE DECEASED THR LRS VISHWNATH MANOHAR DESHPANDEversusINDRAJEET GANPATRAO DESHMUKH DECEASED THR LRS PRAKASH INDRAJIT DESHMUKH AND ANOTHER

Disposal: DISPOSED OFF
Bench: ABHAY S WAGHWASE

Holding

The Court set aside the abatement order, restored the writ petition, and allowed the admission of the parties' legal representatives, condoning the delay.

Summary

The legal heirs of the deceased petitioner filed Civil Application No. 5359 of 2021 seeking to set aside an order dated 11‑02‑2020 that had abated the writ petition due to the petitioner's death and inaction. They also filed Civil Application No. 5642 of 2021 to bring the legal representatives of the respondent on record. The Court examined whether the delay in filing the applications could be condoned and whether the abatement order could be rescinded. Finding that the applicants had a legitimate interest and that condonation of delay was justified, the Court set aside the abatement order and restored the writ petition. It further allowed the applicants to be recorded as legal representatives of the deceased petitioner and permitted the respondent’s legal representatives to be brought on record. Both applications were consequently allowed and disposed of.

Issues considered

What is the appropriate judicial response to an abatement order when the petitioner dies during pendency of the writ petition?
Can the Court condone delay in filing applications seeking restoration of a writ petition and admission of legal representatives?

Subjects

abatement
writ petition
legal heirs
condonation of delay
restoration of petition
civil application
legal representatives

Judgment

2026:BHC-AUG:24216


                                                                            CA-5359-2021
                                                    -1-

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                 CIVIL APPLICATION NO. 5359 OF 2021
                                 IN WRIT PETITION NO. 1139 OF 2005
                                                WITH
                                 CIVIL APPLICATION NO. 5642 OF 2021
                                 IN WRIT PETITION NO. 1139 OF 2005

                        MANOHAR S/O DATTU DESHPANDE, DIED, THROUGH LRS.
                          VISHWNATH MANOHAR DESHPANDE AND OTHERS
                                               VERSUS
                      INDRAJIT S/O GANPATRAO DESHMUKH, DIED, THROUGH LRS
                             PRAKASH INDRAJIT DESHMUKH AND OTHERS
                                                  …..
                            Mr. Ameya N. Sabnis, Advocate for the Applicants
                                 Respondent Nos.1A, 1B, 1C & 2 served.
                                                  …..

                                                 CORAM :     ABHAY S. WAGHWASE, J.
                                                 DATED :     12 JUNE, 2026

                 PER COURT :-


                 Civil Application No. 5359 of 2021 :

                 1.      This application is filed by legal heirs of the petitioner, who
                 died during pendency of the petition. However, on failure to take
                 steps, the Writ Petition stood abated and accordingly dismissed vide
                 order dated 11.02.2020. Applicants, who are legal heirs of the
                 deceased petitioner, are now praying to set aside the said order dated
                 11.02.2020 and to restore the Writ Petition by condoning the delay in
                 filing the application as well as the delay caused in bringing the legal
                 representatives of deceased petitioner on record.


                 2.      For the reasons mentioned in the application, and to afford an
                                                                  CA-5359-2021
                                       -2-

opportunity to the applicants, delay stands condoned. The order
dated 11.02.2020 abating the Writ Petition is hereby set aside. The
Writ Petition stands restored. The applicants are permitted to bring
themselves on record as legal representatives of the deceased
petitioner and to prosecute the petition. The application is
accordingly disposed off.


Civil Application No. 5642 of 2021


3.    This   application    is   for     bringing   on   record     the   legal
representatives of respondent no.1. For the reasons mentioned in the
application, and since the petition is now restored, this application
also stands allowed in terms of prayer clauses [A] and [B], and
disposed off accordingly.



                                             [ABHAY S. WAGHWASE, J.]



spt

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