Bombay High Court

KINWAT MUNICIPAL COUNCIL KINWATversusCHAMPATI GANGADHAR KAWALE DIED LRS and ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SANJAY A DESHMUKH

Holding

The court condoned the delay, set aside the abatement, and permitted the amendment to include respondent No.4’s legal representatives.

Summary

The Kinwat Municipal Council filed an application seeking condonation of a 635‑day delay in filing a petition to set aside an abatement and to bring the legal representatives of respondent No.4 on record. The court noted that the matter originated in 2004, making the application over 22 years old, and consequently dismissed the separate application for a stay. After hearing counsel, the judge found that the reasons for delay were sufficient to merit condonation in the interest of justice. The court therefore set aside the abatement and granted permission to amend the pleadings to include respondent No.4’s representatives, with a deadline of 25 June 2026. The judgment also warned the appellant that failure to comply within two weeks would attract a cost order of Rs. 5,000. The order confirms earlier interim relief and closes the pending applications.

Issues considered

Whether a delay of 635 days in filing an application to set aside an abatement can be condoned.
Whether the abatement should be set aside and the legal representatives of respondent No.4 be allowed to be brought on record.

Subjects

condonation of delay
abatement
amendment of pleadings
civil procedure
stay of proceedings
high court

Judgment

                                      (1)                   920 fa 912.04

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

                    920 FIRST APPEAL NO. 912 OF 2004
                  WITH CIVIL APPLICATION NO. 6701 OF 2006
                  WITH CIVIL APPLICATION NO. 4549 OF 2004
                  KINWAT MUNICIPAL COUNCIL KINWAT
                              VERSUS
             CHAMPATI GANGADHAR KAWALE DIED LRS AND ORS

                                   …..
                  Advocate for Appellant : Mr. P V Mandlik
                 AGP for Respondents/State : Mr. V.M. Lomte
                                   …..

                                CORAM :      SANJAY A. DESHMUKH, J.
                                DATE :       12.06.2026

P.C.:-

Application for Stay:

1.           The application has become old, as it pertains to the year 2004

and more than 22 years have passed since then. Application for grant of stay

is therefore disposed of. Ad interim relief granted earlier is confirmed.


Application for Delay:

2.           This is an application for condonation of delay of 635 days caused

in filing the application for setting aside the abatement and for bringing the

legal representatives of respondent no.4 on record.


3.           Perused the application. Heard the learned counsel for the

applicant.
                                       (2)                920 fa 912.04

4.           For the reasons stated in the application, the delay stands

condoned.     The application stands allowed in the interest of justice.

Abatement is set aside and permission for bringing the legal representatives of

respondent no.4 on record is granted. Amendment be carried out within two

weeks and in any case on or before 25.06.2026.


Appeal:

5.           The learned advocate for the appellant submits that the

respondent no.1 has died and he has to take steps.           By pursis dated

21.07.2026, the death of respondent no.4 was communicated, however, no

steps were taken. If steps are not taken within two weeks from today, the

appellant shall be liable to pay costs of Rs. 5,000/-.


6.           Stand over to 25.06.2026.



                                                  [SANJAY A. DESHMUKH, J.]




mubashir

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