Bombay High Court

VIVEK GURUSHANTAPPA LATURE DEAD THR HIS LEGAL REPR. SAMPADA AND ORS.versusUNION OF INDIA THR DY CHIEF ENGINEER (CONSTRUCTION) CENTRAL RAILWAY PUNE AND ANR.

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The court condoned the 202‑day delay and permitted the amendment of the application.

Summary

The applicant sought to bring the legal representative of the deceased Vivek Gurushantappa Lature into a cross objection and filed a related civil application. The court noted a delay of 202 days in filing the application. It considered whether such delay could be condoned under procedural law. The court held that the delay was condonable and allowed the amendment of the application, directing that it be effected within a week. The matter was also ordered to be listed with related applications on 14 July 2026.

Issues considered

Whether a delay of 202 days in filing a civil application for cross objection can be condoned
Whether the amendment of the application is permissible after condoning the delay

Subjects

civil procedure
condonation of delay
amendment of application
cross objection
legal representative

Judgment

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

            8 CIVIL APPLICATION NO. 6921 OF 2026 IN FA/33/2012
                                   WITH
           X-OBJECTION (STAMP) NO. 4478 OF 2013 IN FA/33/2012
                                   WITH
             CIVIL APPLICATION NO. 5826 OF 2017 IN FA/33/2012

 VIVEK GURUSHANTAPPA LATURE DEAD THR HIS LEGAL REPR. SAMPADA
                               AND ORS.
                                VERSUS
 UNION OF INDIA THR DY CHIEF ENGINEER (CONSTRUCTION) CENTRAL
                      RAILWAY PUNE AND ANR.
                                   ...
        Advocate for Applicant : Mr. C.V. Borse h/f. Mr. V.B. Patil
             AGP for Respondent/State : Mr. S.S. Dande
             Advocate for Respondent 1 : Mr. A.D. Soman
                                   ...

                      CORAM        : SIDDHESHWAR S. THOMBRE, J.
                      Dated        : July 07, 2026

PER COURT :-

1.       In civil application filed for bringing the legal representative of

deceased Vivek Gurushantappa Lature in cross objection and the civil

application therein, for the reasons stated in the application, the

application is allowed by condoning delay of 202 days caused in filing the

application. Amendment be carried out within a period of one week from

today.

2.       List the matter along with FA Nos. 33, 34 and 35 of 2012 on

14.7.2026.



                                          ( SIDDHESHWAR S. THOMBRE, J. )

ssc/

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