Bombay High Court

BHAGWAN KERBA MORE DIED THR LRS SOPAN AND ORSversusTHE STATE OF MAHARASHTRA AND ANR

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

Holding

The delay was not deliberate and was therefore condoned, and the abatement was set aside.

Summary

The petitioners filed a civil application seeking condonation of a 3,994‑day delay in filing a separate civil application to bring the legal representatives of the deceased appellant, Shivaji, on record, and also requested that the abatement of the earlier proceeding be set aside. The State opposed the condonation. The court examined the reasons for delay and found that it was not deliberately caused. In the interest of justice, the court allowed the application, condoned the delay, set aside the abatement, and directed the petitioner to amend the appeal memo to include the legal representatives within a week. The civil application was thereafter disposed.

Issues considered

Whether a delay of 3,994 days in filing a civil application for bringing legal representatives of a deceased appellant can be condoned.
Whether the abatement of the earlier proceeding can be set aside.

Subjects

condonation of delay
abatement
legal representatives
civil procedure
interest of justice

Judgment

                                              924 CA NO. 7981 OF 2022.odt


       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD
           924 CIVIL APPLICATION NO. 7981 OF 2022
                      IN FAST/33165/2012

        Bhagwan Kerba More Died Thr Lrs Sopan And Ors
                             VERSUS
                The State Of Maharashtra And Anr
                                …
Mr. G. K. Sontakke, Advocate for Applicants
Mr. Anuradha S. Mantri, AGP for Respondents/State
Mr. S. G. Sangle, Advocate for Respondent No.2
                               WITH
              CIVIL APPLICATION NO. 2937 OF 2013
                    IN FAST/33165/2012 WITH
              CIVIL APPLICATION NO. 2938 OF 2013
                       IN FAST/33165/2012
                                ….

                   CORAM : SANJAY A. DESHMUKH, J.
                      DATE : 08.04.2026
PER COURT :-

             CIVIL APPLICATION NO. 7981 OF 2022

1.        Heard.


2.        This is the application for condonation of 3994 days

delay caused in filing the Civil Application for bringing the legal

representatives of deceased appellant Shivaji S/o Bhagwanrao

More on record as well as for setting aside abatement.


3.        Learned AGP for the respondent / State strongly

opposed the application.



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                                            (( 2 ))     924 CA NO. 7981 OF 2022


4.               Perused the application. Considering the reasons stated

therein, it appears that the delay is not deliberately caused. Hence,

the application deserves to be allowed in the interest of justice.

Hence, the following order:

                                ::ORDER::

           a.       The application is allowed.

           b.       The delay of 3994 caused in filing the Civil
           Application for bringing the legal representatives of
           deceased appellant on record is condoned.

           c.       The abatement is set aside.

           d.       The applicant is directed to amend the appeal
           memo by bringing the legal representatives of the
           deceased appellant No.2/Shivaji S/o Bhagwanrao
           More on record within a period of one week from
           today.

           e.       The Civil Application is disposed of.



CIVIL APPLICATION NO. 2937 OF 2013
CIVIL APPLICATION NO. 2938 OF 2013

.               Stand over to 18.04.2026, high on board.




                                         [ SANJAY A. DESHMUKH, J. ]
HRJadhav




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