Bombay High Court

MOHIUDDIN SHABUDDIN DIED THR LRS MUNIRODDIN MOHIUDDIN DIED THROUGH LRS NADIMODDIN AND OTHERSversusSUGRA BEGUM WAHIDODIN AND OTHERS

Disposal: APPLICATION ALLOWED

Holding

The Court allowed the applications, condoned the delay, set aside the abatement, and granted permission to bring the deceased’s legal representatives on record.

Summary

The petitioners sought condonation of a delay of 4,994 and 1,933 days in filing civil applications to bring the legal representatives of deceased parties on record, and also requested that the abatement of the proceedings be set aside. The respondents opposed the applications, arguing against condonation and the setting aside of abatement. The Court examined the reasons for delay and found that it was not deliberately caused. In the interest of justice, the Court decided to condone the delay, set aside the abatement, and grant permission to bring the deceased’s legal representatives on record, subject to a two‑week amendment period. The order also imposed a cost of Rs.2,000 on the applicants for non‑compliance with the amendment deadline.

Issues considered

Whether the delay of 4,994 and 1,933 days in filing the civil applications can be condoned.
Whether the abatement of the proceedings should be set aside.
Whether permission can be granted to bring the legal representatives of the deceased on record.

Subjects

condonation of delay
abatement
legal representatives of deceased
civil procedure
interest of justice

Judgment

                                               969 CA NO. 5653 OF 2026.odt


       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD
           969 CIVIL APPLICATION NO. 5653 OF 2026
                        IN SA/60/2006

 Mohiuddin Shabuddin Died Thr Lrs Muniroddin Mohiuddin Died
              Through Lrs Nadimoddin And Others
                            VERSUS
              Sugra Begum Wahidodin And Others
                                ...
Mr. Priyanka D. Maske, for Talekar And Associates, Advocate for
Applicants
Mr. A. M. Nagarkar, Advocate for Respondents
                             WITH
            SECOND APPEAL NO. 60 OF 2006WITH
   CIVIL APPLICATION NO. 775 OF 2006 IN SA/60/2006WITH
  CIVIL APPLICATION NO. 6015 OF 2026 IN SA/61/2006WITH
            SECOND APPEAL NO. 61 OF 2006WITH
  CIVIL APPLICATION NO. 6014 OF 2026 IN SA/61/2006WITH
     CIVIL APPLICATION NO. 5652 OF 2026 IN SA/60/2006
                               ….

                   CORAM : SANJAY A. DESHMUKH, J.
                      DATE : 21.08.2026
PER COURT :-

CIVIL APPLICATION NO. 5653 OF 2026
CIVIL APPLICATION NO. 5652 OF 2026
CIVIL APPLICATION NO. 6014 OF 2026
CIVIL APPLICATION NO. 6015 OF 2026

1.        Heard learned Advocates for both sides.

2.        These are the applications for condonation of 4994 and

1933 days delay caused in filing the Civil Applications for bringing

the legal representatives of deceased Respondent No.8 and

Appellant No.1/1 on record as well as for setting aside abatement

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                                        (( 2 ))     969 CA NO. 5653 OF 2026


and permission to bring the L.Rs. of deceased on record.

3.              Learned Advocates for the respondents strongly opposed

the application.

4.               Perused the application. Considering the reasons stated

therein, it appears that the delay is not deliberately caused. Hence,

the application deserves to be allowed in the interest of justice.

Hence, the following order:

                                ::ORDER::

           a.    The applications are allowed in terms of prayer
           clauses ‘A’ and ‘B’.
           b.     The delay of 4994 and 1933 days caused in
           filing the Civil Applications for bringing the legal
           representatives of deceased on record is condoned.
           c.    The abatement is set aside.
           d.    Permission to bring the legal representatives of
           of deceased Respondent No.8 and Appellant No.1/1
           on record is granted. The amendment be carried out
           within a period of two weeks from today. If the
           amendment is not carried out within the stipulated
           period, the applicants shall be liable to pay costs of
           Rs.2,000/- to the Advocates’ Chambers Allottees
           Maintenance Co-operative Society, High Court
           Premises, Chhatrapati Sambhajinagar.


.               List the matters on 07.09.2026.


                                          [ SANJAY A. DESHMUKH, J. ]
HRJadhav


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