Bombay High Court

SIDHLING MANMATHAPPA BOLEGAONKAR DIED THR LRS SHOBHA AND OTHERSversusSHEELA SUBHASH HULSURE

Disposal: DISPOSED OFF

Holding

The Court held that the delay was condonable on sufficient cause and set aside the abatement, allowing the legal representatives to be brought on record.

Summary

Petitioner No.1 died on 25 September 2024 and a writ petition was filed against him. An application was later filed, 576 days after his death, to bring his legal representatives on record and to condone the delay. The petitioner’s former advocate had been appointed a judicial officer, which the applicant claimed prevented timely filing. The Court found that sufficient cause was shown and therefore condoned the delay, set aside the abatement of the petition, and permitted the legal representatives to be recorded. The Court also ordered necessary amendment by 9 October 2026, disposed of the related civil application No.7844/2026, and listed the petition for final hearing on 23 October 2026.

Issues considered

Whether a delay of 576 days in filing an application to bring legal representatives of a deceased petitioner on record can be condoned.
Whether the abatement of the writ petition against the deceased petitioner should be set aside.

Subjects

condonation of delay
legal representatives
abatement of petition
writ petition
High Court of Bombay
death of petitioner

Judgment

2026:BHC-AUG:43823

                                          1                          36.WP-368-2019.doc



                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                             WRIT PETITION NO. 368 OF 2019
             SIDHLING MANMATHAPPA BOLEGAONKAR AND ANOTHER
                                 VERSUS
                         SHEELA SUBHASH HULSURE
                                   WITH
                        CIVIL APPLICATION NO. 7844 OF 2026
                                  IN WP/368/2019
                                              …
                      Advocate for the Petitioner : Mr. Kodale Vikas G.

                                              …
                                              CORAM      : ROHIT W. JOSHI, J.
                                                  DATE   : 24 th SEPTEMBER 2026

              PER COURT :
              1.       Petitioner No. 1 expired on 25.09.2024. The present
              application is filed for bringing his legal representatives on record.
              There is a delay of 576 days in filing the application. A prayer is also
              made for condonation of the said delay. It is stated in the application
              that the Advocate who was earlier representing the Petitioner came
              to be appointed as a Judicial Officer and, therefore, necessary steps
              for bringing the legal representatives on record could not be taken
              within time. Having regard to the reasons stated in the application,
              sufficient cause has been made out for condoning the delay.
              Accordingly, the application is allowed. Delay of 576 days in filing
              the application for bringing the legal representatives of deceased
              Petitioner No. 1 on record is condoned, abatement of the petition
                            2                         36.WP-368-2019.doc



against Petitioner No. 1 is set aside and names of the legal
representatives of deceased Petitioner No. 1 are permitted to be
brought on record.


2.         Necessary amendment be carried out before 09.10.2026.


3.         Civil Application No.7844/2026 is disposed of.


4.         List the petition for final hearing at admission stage on
23.10.2026.



                                              ROHIT W. JOSHI
                                                 JUDGE




NAJEEB..

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