Bombay High Court

JAHURABEE JAHARALI ALIAS ZOHARA BI ZAHOOR ALI KAZI DIED THR LIYAKAT DIED THR AZHARALI AND OTHERSversusRAHEMANKHA AMEENKHA PATHAN LRS AMEERBEE AND OTHERS

Disposal: APPLICATION ALLOWED

Holding

The Court condoned the 456‑day delay, set aside the abatement and allowed the legal representatives of appellant No.1 to be placed on record.

Summary

The petitioners filed an application seeking condonation of a 456‑day delay in filing a suit to set aside an abatement and to bring the legal representatives of appellant No.1 on record. The respondents opposed, arguing that the delay could not be condoned under Section 5 of the Limitation Act. The Court examined the grounds and found that the delay was not deliberately caused and that condoning it would serve the interests of justice. Accordingly, the Court condoned the delay, set aside the abatement, and granted permission to amend the pleadings to include the legal representatives within two weeks, subject to costs. The matter was listed for further hearing on 12 October 2026.

Issues considered

Whether a delay of 456 days in filing the application for setting aside the abatement can be condoned under Section 5 of the Limitation Act

Legislation cited

Limitation Act — s. 5

Subjects

condonation of delay
Limitation Act
Section 5
abatement
legal representatives
High Court

Judgment

2026:BHC-AUG:44078



                                                 (1)                66 ca 9096.26

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                            66 CIVIL APPLICATION NO. 9096 OF 2026
                                        IN SA/251/1995
                           WITH CIVIL APPLICATION NO. 5232 OF 1998
                                        IN SA/251/1995
                           WITH CIVIL APPLICATION NO. 4328 OF 1995
                                        IN SA/251/1995


                JAHURABEE JAHARALI ALIAS ZOHARA BI ZAHOOR ALI KAZI DIED THR
                           LIYAKAT DIED THR AZHARALI AND OTHERS
                                          VERSUS
                  RAHEMANKHA AMEENKHA PATHAN LRS AMEERBEE AND OTHERS

                                                 …..
                        Advocate for Applicant : Mr. Temak Rahul Bhausaheb
                            Advocate for Respondents : Mr. Girish Rane
                                                 …..

                                          CORAM :      SANJAY A. DESHMUKH, J.
                                          DATE :       28.09.2026

           P.C.:-

           1.          This is an application for condonation of delay of 456 days caused

           in filing the application for setting aside the abatement and for bringing the

           legal representatives of appellant no.1 on record.


           2.          Perused the application. Heard the learned advocates for both the

           sides


           3.          The learned advocate for the respondents strongly opposed the

           application and submitted that there is no sufficient cause to condone the
                                      (2)                   66 ca 9096.26

delay under Section 5 of the Limitation Act. He further submitted that, if this

aspect is taken into consideration, the application deserves to be rejected.


4.          On perusal of application and the grounds stated in the

application, it appears that the delay has not been deliberately caused and the

same deserves to be condoned, the delay of 456 days stands condoned. The

application stands allowed in the interest of justice. Abatement is set aside

and permission for bringing the legal representatives of appellant no.1 on

record is granted. Amendment be carried out within two weeks from today. If

the amendment is not carried out within two weeks, the applicants shall be

liable to pay/deposit costs of Rs.2,000/- with the High Court Legal Services

Sub-Committee, Aurangabad.


5.           Place the appeal on 12.10.2026 at 10.30 a.m. first on board.



                                                 [SANJAY A. DESHMUKH, J.]




mubashir

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