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Bombay High Court

SHIVAM DEVELOPER THROUGH PARTENER SOURABH SANTOSH LONDHEversusPRAVINKUMAR RAGHUNATH LONDHE AND OTHERS

Disposal
DISPOSED OFF

Holding

The court condoned the delay, quashed any abatement, and allowed amendment of the writ petition’s title clause to include the legal representatives.

Summary

The petitioners filed a civil application to bring the legal representatives of deceased respondent No.4 on record after learning of the death during the pendency of a writ petition. The application was filed 280 days after the death, and the petitioners sought condonation of the delay and quashing of any abatement that might have occurred. The court examined whether such a delay could be condoned and whether the abatement could be set aside. It held that the delay was condoned, the abatement (if any) was quashed, and the petitioners were permitted to amend the title clause of the writ petition to include the legal representatives. The civil application was disposed of, and the writ petition was scheduled for further hearing with interim relief continuing.

Issues considered

  • Whether a delay of 280 days in filing an application to bring legal representatives of a deceased party can be condoned.
  • Whether any abatement resulting from the death of a respondent can be quashed.
  • Whether the title clause of the writ petition can be amended to incorporate the legal representatives.

Subjects

  • legal representatives
  • abatement
  • condonation of delay
  • amendment of pleadings
  • civil application
  • writ petition

Judgment

2026:BHC-AUG:43037



                                                         1
                                                                         12 WP 10224 OF 2023

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                     12 WRIT PETITION NO. 10224 OF 2023
                                                    WITH
                                     CIVIL APPLICATION NO. 7799 OF 2026
                                              IN WP/10224/2023

                        SHIVAM DEVELOPERS THROUGH PARTNER SUBHAM
                                   SANTOSH LONDHE AND OTHERS
                                                VERSUS
                         PRAVINKUMAR RAGHUNATH LONDHE AND OTHERS
                                                   ...
                     Mr. A. M. Gholap, Advocate for the Petitioners
                     Mr. V. V. Tarde, Advocate for Respondent No.1
                                                   …

                                               CORAM : AJIT B. KADETHANKAR, J.
                                               DATED : 21st September 2026

                     P.C. :-

                     CIVIL APPLICATION NO. 7799 OF 2026

                     .         Mr.   A.   M.   Gholap,       learned   Advocate   for   the

                     petitioners/applicants submits that during the pendency of the

                     writ petition, respondent No.4 namely Sow. Shobha Suresh

                     Nevse is learnt to be no more. Accordingly, an application is

                     filed for bringing the legal representatives of deceased

                     respondent No.4 on record. There is delay of 280 days caused

                     in filing the application and seeking quashing of abatement.

                     Notice was issued to the legal representatives of the deceased
                                2
                                                12 WP 10224 OF 2023

respondent No.4. Record reveals that the notice is served.

2.    In view of this, Civil Application is allowed. Delay of

280 days caused in filing the application stands condoned.

Abatement, if any, is quashed and set aside.

3.    The petitioners/applicants are permitted to amend the

title clause of the writ petition and applications therein, if any,

by incorporating the names of legal representatives of

deceased respondent No.4. Amendment be carried out

forthwith.

4.    Civil Application stands disposed of.

WRIT PETITION NO. 10224 OF 2023

5.    Post    this   matter   for    further   consideration    on

05.10.2026.

6.    Interim relief to continue till then.



                                    ( AJIT B. KADETHANKAR, J. )
PRW


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