Bombay High Court

KHANDU GANPATI JOSHI DIED THROUGH LRS JYOTI SUDHIR DESHMUKH AND OTHERSversusCHANDRASHEKAR RAGHUNATH HENGNE AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The application is allowed; the four‑day delay is condoned, the abatement is set aside, and permission is granted to bring the legal representatives of the deceased appellant on record.

Summary

The petitioners sought condonation of a four‑day delay in filing a civil application to bring the legal representatives of a deceased appellant on record, and also requested that the abatement of the suit be set aside. The respondents opposed the application. The Court examined the reasons for the delay and noted that it was not deliberate and that allowing the petition would enable the matter to be decided on its merits. In the interest of justice, the Court found the delay condonable. Consequently, the Court allowed the application, condoned the delay, set aside the abatement, and granted permission to amend the pleadings to include the legal representatives within two weeks, with a cost penalty for non‑compliance.

Issues considered

Whether a four‑day delay in filing the application for bringing legal representatives of a deceased appellant on record can be condoned
Whether the abatement of the suit should be set aside
Whether permission should be granted to bring the legal representatives of the deceased appellant on record

Subjects

condonation of delay
abatement
legal representatives
civil procedure
interest of justice

Judgment

                                              966 CA NO. 6564 OF 2026.odt


      IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                 BENCH AT AURANGABAD
           966 CIVIL APPLICATION NO. 6564 OF 2026
                       IN SA/550/2014

 Khandu Ganpati Joshi Died Through Lrs Jyoti Sudhir Deshmukh
                          And Others
                            VERSUS
         Chandrashekar Raghunath Hengne And Another
                                ...
Ms. Prajakta P. Deshmukh h/f Mr. Patil Milind, Advocate for
Applicants
Mr. Ganesh L. Kedar, Advocate for Respondents
                             WITH
     CIVIL APPLICATION NO. 9225 OF 2023 IN SA/550/2014
                               ….

                    CORAM : SANJAY A. DESHMUKH, J.
                      DATE : 02.09.2026
PER COURT :-

CIVIL APPLICATION NO. 6564 OF 2026

1.        Heard learned Advocates for both sides.


2.        This is an application for condonation of 04 days delay

caused in filing the Civil Application for bringing the legal

representatives of deceased Appellant on record as well as for

setting aside abatement and permission to bring the L.Rs. of

deceased Appellant on record.


3.        Learned    Advocates   for   the   respondents      strongly

opposed the application.


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                                       (( 2 ))       966 CA NO. 6564 OF 2026


4.               Perused the application. Considering the reasons stated

therein and the fact that the Applicants seek to bring the legal

representatives of the deceased Appellant on record so as to enable

this Court to decide the lis finally on merits, the delay deserves to be

condoned as it is not deliberately caused. In view of the facts and

circumstances of the present case, the application deserves to be

allowed in the interest of justice. Hence, the following order:

                               ::ORDER::

           a.    The application is allowed.
           b.    The delay of 04 days caused in filing the Civil
           Application for bringing the legal representatives of
           Appellant on record is condoned.
           c.    The abatement is set aside.
           d.    Permission to bring the legal representatives of
           of deceased Appellant 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.

.               Stand over to 23.09.2026.



                                            [ SANJAY A. DESHMUKH, J. ]
HRJadhav




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