Bombay High Court

VENUBAI RAMRAO VENDAL L.RS. RAMRAO AND ANOTHERversusKISHAN RAKHMAJI HARKAL AND OTHERS

Disposal: APPLICATION ALLOWED

Holding

The court condoned the 1,855‑day delay and allowed the application.

Summary

The applicant filed a civil application seeking condonation of a 1,855‑day delay in filing a petition to bring the legal representatives of a deceased appellant. The court examined the application and heard the applicant’s counsel, Mr. Bhosale Mahesh S. It was observed that the delay was not deliberate. In the interest of justice, the court decided to condone the delay. The order allowed the application, set aside any abatement, and directed the amendment to be filed within two weeks, failing which a fee of Rs.2,000 must be deposited with the Library, Advocates Association of Bombay High Court, Aurangabad bench.

Issues considered

Whether a delay of 1,855 days in filing the application for bringing legal representatives can be condoned.

Subjects

condonation of delay
civil procedure
interest of justice
court order

Judgment

                                                                    ca878.25
                                    -1-

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

                CIVIL APPLICATION NO. 878 OF 2025
                        IN/WITH SA/287/2024

          Venubai Ramrao Vendal L.rs. Ramrao And Another
                              VERSUS
                Kishan Rakhmaji Harkal And Others
                                  ...
           Advocate for Applicant : Mr. Bhosale Mahesh S.
                                 …..
            955 CIVIL APPLICATION NO. 9965 OF 2024
                          IN SA/287/2024
                                …..

                      CORAM : SANJAY A. DESHMUKH, J.
                      DATED : 01st OCTOBER, 2026

PER COURT :-


1.     This civil application is filed for condonation of delay of 1855 days
caused in filing the application for bringing the legal representatives of
deceased appellant No.1.


2.     Perused the application. Heard learned advocate for the
applicants. It appears that the delay is not deliberately caused. The
application, therefore, deserves to be allowed in the interest of justice.


3.     The   application   is   therefore   allowed.    Delay    condoned.
Abatement, if any, stands set aside. Amendment to be carried out within
two weeks from today, failing which the applicants shall deposit an
amount of Rs.2,000/- to the Library, Advocates Association of Bombay
High Court, Bench at Aurangabad.



                                     (SANJAY A. DESHMUKH, J.)

rlj/

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