Bombay High Court

SHAIKH ISMAIL SHAIKH MOHAMMAD DIED THR LRS SHAIKH FATTE MOHAMMAD ISMAIL AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court condoned the delay and allowed the amendment to add the legal representatives of the deceased respondent.

Summary

The petitioners sought to amend the writ petition to add the legal representatives of a deceased respondent (respondent no.7) after learning of his death during the pendency of the case. They explained a 306‑day delay in filing the amendment application, attributing it to the time taken to ascertain the heirs' identities. The respondents objected on the ground of delay. The Court, after considering the explanation, exercised its discretion to condone the delay and permitted the amendment to include respondents 7A to 7G as legal representatives, directing that notice be issued to them within two weeks and that the matter be returnable on 16‑09‑2026, with interim relief to continue. The order thus allows the amendment and condones the procedural delay.

Issues considered

Whether the delay of 306 days in filing the amendment application can be condoned
Whether the petitioners may be permitted to amend the title clause to add legal representatives of a deceased respondent
Whether notice should be issued to the newly added respondents

Subjects

civil procedure
condonation of delay
amendment of pleadings
legal representatives of deceased
notice issuance

Judgment

                                                                9-sr914.odt


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD

                  CIVIL APPLICATION NO. 816 OF 2026
                                  IN
                  WRIT PETITION NO. 11416 OF 2024

              Shaikh Ismail Shaikh Mohammad (Died)
        Through Lrs Shaikh Fatte Mohammad Ismail And Others
                               VERSUS
                The State Of Maharashtra And Others

                                   ...
  Advocate for the Petitioner : Mr.P.S.Dighe h/f. Mr. Dhorde Vikram R
            AGP for Respondents 1 to 5: Mr.S.P.Sonpavale
  Advocate for Respondent no.6 : Ms.Nikita Lad hf. Mr.N.E.Deshmukh
                                   ...

                          CORAM :      AJIT B. KADETHANKAR, J.
                          DATE  :      AUGUST 20, 2026

ORDER :-

           Mr.Dighe, learned advocate h/f. Mr.V.R.Dhorde, learned

Advocate   for the applicants submits that during      pendency of the

petition it is learnt that respondent no.7 is no more.      Hence, after

ascertaining the information about the legal representatives of

deceased respondent no.7, this Civil Application is filed. There is delay

of 306 days caused in filing this application.     He submits that the

applicant/petitioner had no knowledge of respondent no.7’s death and

also his legal representatives. Hence, some time is spent in collecting

such information whereby delay has occurred. He would submit that

delay may be condoned and the petitioner be permitted amend the
                                      2                              9-sr914



title clause accordingly.   He further submits that notice may also be

issued to the newly added respondents.


2.          Learned advocates appearing for the other side object

the application, on the ground of delay


3.          Considering the reasons given in the application, I deem

it appropriate to allow the Civil Application. The same stands

allowed. Delay caused in filing the Civil Application is condoned.


4.          The applicant/petitioner is permitted to add the names of

respondent nos.7A to 7G as legal representatives of deceased

respondent no.7. Amendment be carried out within two weeks from

today.   Upon carrying out amendment, issue notice to the added

respondents, returnable on 16.09.2026.


5.          Interim relief to continue till then.




                                   [AJIT B. KADETHANKAR, J.]
                                 ………..


KBP

Continue reading with your account

Checking your session…