Bombay High Court

SMT KALABAI KASHINATH PATIL (DEAD) THR LRS USHABAID DIED THR LRS YUVRAJ FULA PATIL AND ORSversusMR TUKARAM SHENPHADU PATIL AND ORS

Disposal: APPLICATION ALLOWED

Holding

The Court condoned the delay, set aside the abatement, granted permission to bring the deceased respondents’ legal representatives on record, and ordered the amendment within three weeks.

Summary

The petitioners sought permission to bring the legal representatives of deceased respondents on record in the pending suit. An application (CIVIL APPLICATION NO. 13167 OF 2025) was filed for this purpose, and a separate application (CIVIL APPLICATION NO. 879 OF 2025) requested condonation of a 15‑day delay in filing the earlier application and the setting aside of an abatement. The Court examined the reasons for the delay and found it was not deliberate, and that allowing the representatives was necessary for a final merits decision. Consequently, the Court condoned the delay, set aside the abatement, granted permission to bring the deceased respondents’ legal representatives on record, and ordered the required amendment to be made within three weeks, with a cost penalty for non‑compliance. The orders were pronounced by Justice Sanjay A. Deshmukh.

Issues considered

Whether a 15‑day delay in filing an application to bring the legal representatives of a deceased respondent on record can be condoned.
Whether the abatement of the suit can be set aside and permission granted to bring the deceased respondent’s legal representatives on record.
Whether the Court can order an amendment to be effected within a specified period and impose costs for non‑compliance.

Subjects

legal representatives
deceased respondent
condonation of delay
abatement
amendment
civil application
interest of justice

Judgment

                                             970 CA NO. 13167 OF 2025.odt


      IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                 BENCH AT AURANGABAD
          970 CIVIL APPLICATION NO. 13167 OF 2025
                     IN SAST/22445/2023

Kalabai Kashinath Patil (dead) Thr Lrs Ushabai Died Thr Lrs Yuvraj
                         Fula Patil And Ors
                              VERSUS
                Tukaram Shenphadu Patil And Ors
                                 ...
Mr. Pandurang S Koshti, Advocate for Applicant
Mr. Girish Rane, Advocate for Respondent No.1b In Ca/879/2025
                               WITH
             CIVIL APPLICATION NO. 879 OF 2025 IN
                    SAST/22445/2023WITH
            CIVIL APPLICATION NO. 14209 OF 2023 IN
                    SAST/22445/2023WITH
 CIVIL APPLICATION NO. 14210 OF 2023 IN SAST/22445/2023
                                ….

                   CORAM : SANJAY A. DESHMUKH, J.
                     DATE : 10.09.2026
PER COURT :-

CIVIL APPLICATION NO. 13167 OF 2025

1.        This is an application seeking permission to bring the

legal representatives of deceased Respondent No.2A on record.


2.        Heard.


3.        Perused the application. For the reasons stated therein,

the application is allowed in terms of prayer clause ‘B’.          The

amendment shall be carried out within a period of three weeks

from today. If the amendment is not carried out within the

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                                    (( 2 ))     970 CA NO. 13167 OF 2025


stipulated period, the applicants shall be liable to pay costs of

Rs.2,000/- to the Advocates’ Chambers Allottees Maintenance Co-

operative Society, High Court Premises, Chhatrapati Sambhajinagar.



CIVIL APPLICATION NO. 879 OF 2025

1.        Heard learned Advocates for both sides.


2.        This is an application for condonation of 15 days delay

caused in filing the Civil Application for bringing the legal

representatives of deceased Respondent No.1 on record as well as for

setting aside abatement and permission to bring the L.Rs. of deceased

Respondent No.1 on record.

3.        Learned Advocates for the respondents strongly opposed

the application.


4.          Perused the application. Considering the reasons stated

therein and the fact that the Applicants seek to bring the legal

representatives of the deceased Respondent No.1 on record so as to

enable this Court to decide the lis finally on merits, the delay deserves

to be condoned as it is not deliberately caused. In view of the facts

and circumstances of the present case, the application deserves to be

allowed in the interest of justice. Hence, the following order:


                                                                  2 of 3
                                          (( 3 ))      970 CA NO. 13167 OF 2025


                                ::ORDER::

           a.    The application is allowed.

           b.    The delay of 15 days caused in filing the Civil
           Application for bringing the legal representatives of
           Respondent No.1 on record is condoned.

           c.    The abatement is set aside.

           d.    Permission to bring the legal representatives of
           of deceased Respondent No.1 on record is granted.
           The amendment be carried out within a period of
           three weeks from today. If the amendment is not
           carried   out   within   the   stipulated   period,      the
           applicants shall be liable to pay costs of Rs.2,000/- to
           the Advocates’ Chambers Allottees Maintenance Co-
           operative Society, High Court Premises, Chhatrapati
           Sambhajinagar.




.          Learned Advocate Mr. B. R. Warma submits that he has

instructions to appear on behalf of the legal representatives of

Respondent No.2A. Stand over to 01.10.2026.



                                            [ SANJAY A. DESHMUKH, J. ]
HRJadhav




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