Bombay High Court

RATANCHAND HIRALAL SHAH DIED THR LRS KISHOR AND ORSversusRADHESHAM BABULAL AGRAWAL AND OTHERS

Disposal: DISPOSED OFF
Bench: ABHAY MANTRI

Holding

The application is allowed; the delay is condoned and the abatement order is set aside.

Summary

The legal heirs of the deceased Ratanchand Hiralal Shah filed an application seeking condonation of a 576‑day delay in having their names entered as legal heirs and to set aside an abatement order that had been passed. The respondents (Radhesham Babulal Agrawal and others) raised no objection to the relief sought. The Court examined the reasons for the delay and, noting the lack of opposition, decided to condone the delay and set aside any abatement order. Consequently, the heirs were permitted to amend the petition to record themselves as legal representatives within a stipulated time. Failure to amend would result in dismissal of the petition.

Issues considered

Whether a delay of 576 days in recording the names of legal heirs can be condoned under the Civil Procedure Code.
Whether the abatement order, if any, should be set aside.

Subjects

condonation of delay
legal heirs
abatement order
amendment of petition
civil procedure

Judgment

2026:BHC-AUG:34109
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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                             918 CIVIL APPLICATION NO. 8486 OF 2026
                                         IN WP/8774/2016
                        Ratanchand Hiralal Shah Died Thr Lrs Kishor And Ors
                                                                  .....Petitioner
                                               VERSUS

                               Radhesham Babulal Agrawal And Others
                                                                .....Respondent

                Mr. P. P. Patini, Advocate h/f Mr. P. F. Patni, Advocate for the
                Applicant
                Mr. Umesh Mitkari, Advocate h/f Mr. Mukul Kulkarni, Advocate for
                the Respondent No. 1
                Mr. Harshvardhan A. Karad, Advocate h/f Mr. V. D. Hon, Advocate
                for the Respondent No. 2

                                                   CORAM : ABHAY J. MANTRI, J.
                                                     DATE : 06th AUGUST, 2026


                PER COURT :

                1.           Heard the learned Advocate for the Applicant and

                Respondent Nos. 1 and 2. None for the Respondent No. 3, though

                served. Perused the record.

                2.           The Applicants, i.e. legal heirs of the Petitioner, have

                moved this Application for condoning the delay of 576 days for

                bringing their names on record as legal heirs of the Petitioner and

                setting aside the abatement order, if any.




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3.               It is pertinent to note that the learned Advocate for the

Respondent Nos. 1 and 2 and learned AGP have no objection to

allowing the Application.

4.               Having considered the no objections as well as reasons

disclosed in para 2 to 4 of the Application, I deem it appropriate to

allow the Application.

5.               Consequently, the Application is allowed in terms of

prayer clauses-(B)(C) & (D). The delay is condoned.

6.               The abatement order, if any, is set aside.

7.               The Applicants are permitted to bring their names on

record as legal representatives of the Petitioner.

8.               Amendment be carried out within a week, and a copy of

the same be supplied to the Court as well as the other side within one

week thereafter; failing to carry out the amendment, the Petition shall

stand dismissed without further reference to the Court.



                                             [ABHAY J. MANTRI, J. ]
VishalK/918ca8486.26.odt




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