Bombay High Court
Executive Engineer Central Railway SolapurversusBhagwat Dhavalshankh Died thr Lrs. suresh bhagwat died thr. mahes suresh dhavalshankh
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The application is allowed, condoning the delay and setting aside the abatement.
Summary
The Executive Engineer, Central Railway Solapur filed a civil application seeking to bring the legal representatives of respondent No.1 on record, to condone the delay in filing, and to set aside an abatement. The respondents' counsel expressed no objection to the relief sought. The Court examined whether procedural defaults could be waived and whether the abatement could be reversed. Finding no substantive impediment and noting the respondents' consent, the Court allowed the application, granting condonation of delay and setting aside the abatement, with the amendment to be effected within two weeks. The Court also ordered that related applications be heard together.
Issues considered
- Whether legal representatives of a party can be brought on record despite delay.
- Whether the delay in filing the application can be condoned under civil procedure.
- Whether the abatement of the proceeding can be set aside.
Subjects
- civil procedure
- condonation of delay
- abatement
- legal representation
- amendment of pleadings
Judgment
2026:BHC-AUG:24649
100-CA-5815-26.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
100 CIVIL APPLICATION NO. 5815 OF 2026 IN FAST/30185/2025
Executive Engineer Central Railway Solapur
VERSUS
Bhagwat Dhavalshankh Died Thr Lrs. Suresh Bhagwat Died Thr. Mahes
Suresh Dhavalshankh
......
Mr. M.N. Navandar, Advocate for the Applicant
Mr. PB. Rakhunde, Advocate for Respondents No.1A to 1C
......
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 22 JUNE, 2026
PER COURT :
1. The present civil application is preferred for bringing the legal
representatives of respondent No.1 on record., condonation of delay in filing
the application, and setting aside the abatement.
2. Learned counsel Mr. P.B. Rakhunde appearing for the proposed legal
representatives state that they have no objection if the application is
allowed.
3. In view thereof, the Civil Application is allowed in terms of prayer
clauses (B), (C) and (D). The amendment to be carried out within two
weeks from today.
4. Civil Application No. 11495/2025 in FAST/30185/2025 to be heard
along with FAST/17993/2024.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
S P Rane
Checking your session…