Bombay High Court
YADAVRAO SHANKARRAO SOMWANSHI DIEDversusSambhajirao Shivajirao Somwanshi
- Disposal
- APPLICATION ALLOWED
Holding
Condonation of delay is permissible where the delay is not deliberate and allowing the applications serves the interests of justice, thus all the applications are allowed.
Summary
The High Court of Bombay, Aurangabad Bench, considered a series of civil applications seeking condonation of delay for filing applications to bring various legal representatives of parties on record and to add respondents as parties in a second appeal. The delays ranged from 148 days to over 4,400 days. The court examined whether the delays were deliberate and whether allowing the applications would serve the interests of justice. After hearing counsel, the court found that the delays were not intentional and that permitting the applications would enable the substantive dispute to be decided on merits. Consequently, all the applications for condonation of delay and amendment of parties were allowed, with directions for amendment within two weeks and a penalty for non‑compliance. The court also ordered re‑issuance of notices to certain respondents and permitted service by private notice where necessary.
Issues considered
- Whether condonation of delay can be granted for filing applications to bring legal representatives on record.
- Whether the delay in filing such applications is deemed deliberate or excusable.
- Whether adding new respondents as parties in the second appeal is permissible under civil procedure.
- Whether abatement of the proceedings should be set aside in view of the interests of justice.
Subjects
- condonation of delay
- legal representatives
- amendment of parties
- civil procedure
- abatement
- service of notice
- interest of justice
Judgment
2026:BHC-AUG:37631
ca8900.25-
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
960 CIVIL APPLICATION NO. 8900 OF 2025
IN SAST/21178/2024
WITH
CIVIL APPLICATION NO. 13956 OF 2024 WITH
CIVIL APPLICATION NO. 8901 OF 2025 WITH
CIVIL APPLICATION NO. 8902 OF 2025 WITH
CIVIL APPLICATION NO. 13953 OF 2024 WITH
CIVIL APPLICATION NO. 13954 OF 2024 WITH
CIVIL APPLICATION NO. 13955 OF 2024 WITH
CIVIL APPLICATION NO. 13958 OF 2024 WITH
CIVIL APPLICATION NO. 13957 OF 2024
Yadavrao Shankarrao Somwanshi Died
VERSUS
Sambhajirao Shivajirao Somwanshi
...
Advocate for Applicant : Mr. Narsinh L. Jadhav,
AGP for Respondents: Mr. P. M. Kulkarni
Advocate for Respondent Nos. 4a To 4c : Ms. Nikita D. Ragade h/f
Mr. D.R. Kale
Advocate for Respondent Nos. 14a To 14d4 : Mr. Sanket S. Kulkarni
…..
CORAM : SANJAY A. DESHMUKH, J.
DATED : 19th AUGUST, 2026
PER COURT :-
1. The civil application No.8900 of 2025 is filed for
condonation of delay of 209 days caused in filing the application for
bringing legal representatives of deceased respondent No.4 on
record.
2. The civil application No.13958 of 2024 is filed for
condonation of delay of 148 days caused in filing the application for
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bringing the legal representatives of respondent No. 14D on record.
3. The civil application No.8902 of 2025 is filed seeking
permission to add the respondents as mentioned in the para 2 and 4
of the said application as party respondents in the second appeal.
Considering the fact that the proposed respondents have purchased
the property during pendency of the proceeding, the application
deserves to be allowed in the interest of justice.
4. The civil application No. 13954 of 2024 is filed for
condonation of delay of 2577 days caused in filing the application for
bringing the legal representatives of appellant No. 1E on record.
5. The civil application No. 13955 of 2024 is filed for
condonation of delay of 4430 days caused in filing the application for
bringing the legal representatives of respondent No. 14 on record.
6. The civil application No.13956 of 2024 is filed for
condonation of delay of 1352 days caused in filing the application for
bringing the legal representatives of respondent No. 6 on record.
7. The civil application No.13957 of 2024 is filed for
condonation of delay of 585 days caused in filing the application for
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bringing the legal representatives of appellant No. 2 on record.
8. Perused the applications. Heard learned advocates for the
respective parties. Learned advocates for the respective
respondents strongly opposed the applications.
9. For the reasons stated in the applications, all the aforesaid
Civil Applications deserve to be allowed in the interst of justice to
decide the lis between the parties on merits as the delay is not
deliberately caused. All the applications are allowed.
10. In the respective applications, the amendments shall be
carried out within two weeks, failing which the applicants in the said
application(s) shall deposit an amount of Rs.2,000/- with the
Advocates Chambers Allottees Maintenance Co-operative Society,
High Court Premises, Aurangabad, in respect of the application(s) in
which the applicants fail to take the necessary steps as directed
above. Abatement, if any, is set aside.
11. In civil application No. 13953 of 2024, reissue notice to the
respondent No. 1E and 17. Learned advocate for the appellants is
directed to take necessary steps in respect of respondent Nos. 15-B
and 15-D, who are reported to be dead.
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12. Learned advocate for the appellants filed a pursis thereby
furnishing fresh addresses of respondent Nos. 8, 9, 10, 13, 19 and
20, which is taken on record and marked “X-1”. Issue notice to the
said respondents on the said addresses, returnable on 16.09.2026.
13. In addition to the regular mode of service, the applicants/
appellants are permitted to serve the unserved respondents by
private notice, as is permissible in law.
(SANJAY A. DESHMUKH, J.)
rlj/
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