Bombay High Court
SAKHARAM GENA SANGULE AND ANOTHERversusASHOK MANOHAR HATWATE AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The civil application is allowed, the 919‑day delay is condoned, abatement is quashed, and the petitioners may amend the writ petition to include the deceased respondent’s legal representatives.
Summary
The petitioners sought to amend their writ petition after learning that respondent No.2 had died, requesting that the legal representatives of the deceased be added to the case. They filed a civil application for permission to bring those representatives on record, but the application was filed 919 days after the death was discovered. The petitioners explained that the delay was due to the time required to identify and locate the four legal representatives and was not intentional. Since there was no opposition from the other side, the court considered whether the delay could be condoned and whether the amendment to the writ petition could be permitted. The court held that the delay was condonable, quashed any abatement, and allowed the amendment to include the deceased respondent’s representatives. Consequently, the civil application was allowed and the petitioners were given four weeks to amend the title clause of the writ petition.
Issues considered
- Whether a delay of 919 days in filing a civil application for amendment can be condoned.
- Whether the court can permit the addition of legal representatives of a deceased respondent to the writ petition.
- Whether any abatement arising from the death of a respondent should be set aside.
Subjects
- condonation of delay
- civil application
- amendment of writ petition
- legal representatives of deceased
- abatement
- court discretion
Judgment
2026:BHC-AUG:41480
1
961-ca-6871-2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 6871 OF 2025
IN WP/12431/2024
Sakharam Gena Sangule And Another
VERSUS
Ashok Manohar Hatwate And Others
...
Mr. G. S. Khande h/f Mr. N. L. Jadhav, Advocate for
Applicants
...
WITH
WRIT PETITION NO. 12431 OF 2024
…..
CORAM : AJIT B. KADETHANKAR, J.
DATED : 04TH SEPTEMBER, 2026
P.C. :-
. It is submitted that during pendency of the Writ
Petition, respondent no.2 is learned to be no more. Hence, the
present Civil Application is filed seeking permission to bring
the legal representatives of deceased respondent no.2 on
record. There is delay of 919 days caused in filing the present
application.
2. Mr. G. S. Khande h/f Mr. N. L. Jadhav, learned
Advocate for the applicants submits that the applicants learnt
about death of respondent no.2 belatedly. Thereafter, some
time was consumed in gathering the requisite information
regarding the legal representatives of deceased respondent
2
961-ca-6871-2025
no.2, who are stated to be four in number. He would submit
that in all this process, the delay is caused. He further submits
that the delay is not deliberate nor intentional. For correct
adjudication of the Writ Petition, it is necessary to bring the
legal representatives of respondent no.2 on record to facilitate
them an opportunity of hearing.
3. Since there is nobody from the other side to oppose the
application, I deem it appropriate to allow the Civil
Application. Hence, the following order:
ORDER
a. Civil Application stands allowed.
b. Delay of 919 days caused in filing the
present application is hereby condoned.
c. Abatement if any, stands quashed and set
aside.
d. Petitioners are permitted to amend the title
clause of the Writ Petition by incorporating the
names of present respondent nos.2A to 2D as
legal representatives of deceased respondent
no.2.
e. Amendment be carried out within a period
of four weeks from today.
( AJIT B. KADETHANKAR, J. )
Rushikesh/2026
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