Bombay High Court

RAMBHAU DATTATRAYA KULKARNI (DIED) THR. LRS. REKHA R. KULKARNI AND ORSversusTHE STATE OF MAHARASHTRA THROUGH THE DISTRICT COLLECTOR, LATUR AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court held that the delay could be condoned and the civil application allowed, subject to amendment of parties.

Summary

The High Court of Bombay, Aurangabad bench, entertained a first appeal filed by the estate of the late Rambhau Dattatraya Kulkarni against the State of Maharashtra and, concurrently, a civil application seeking to bring the legal heirs of the deceased on record by condoning a delay of 557 days. The court considered the averments made in the civil application and, exercising its discretion under procedural law, found sufficient cause to condone the delay. Accordingly, the application was allowed in terms of prayer clauses B and C, with an order that the necessary amendment of parties be effected before the next date. The court also directed that the first appeal be stood over to 1 September 2026, without deciding its substantive merits. The order reflects the court’s willingness to permit procedural relaxations where justified.

Issues considered

Whether a delay of 557 days in filing a civil application to bring legal heirs on record can be condoned.
Whether amendment of parties is permissible before the next hearing date.

Subjects

Civil Procedure
Condonation of Delay
Legal Heirs
Amendment of Parties
First Appeal

Judgment

2026:BHC-AUG:38652
Dilwale 1 65-FA-456-12.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
65 FIRST APPEAL NO. 456 OF 2012
Rambhau Dattatraya Kulkarni
VERSUS
The State Of Mah And Anr
...
Advocate for Appellant : Mr. Manoj Shinde h/f Mr. R. J. Nirmal
AGP for Respondent-State: Mr. B. A. Shinde
...
AND
CIVIL APPLICATION NO. 9106 OF 2026
IN
FIRST APPEAL NO. 456 OF 2012
Rambhau Dattatraya Kulkarni (died) Thr. Lrs. Rekha R. Kulkarni & Ors
VERSUS
The State Of Maharashtra Through The District Collector, Latur & Ors
...
Advocate for Applicants : Ms. Sakshi N. Tapise h/f Adv. P. P. More
AGP for Respondent-State: Mr. B. A. Shinde
….
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 25.08.2026

PER COURT :
ORDER IN CIVIL APPLICATION NO.9106 OF 2026
1. Present Civil Application is filed for bringing legal heirs of deceased
appellant-Rambhau on record by condoning delay of 557 days.
2. Considering the averments made in the application, the application
is allowed in terms of prayer clauses B and C.
3. Necessary amendment to be carried out before the next date.

ORDER IN FIRST APPEAL NO. 456 OF 2012
4. Stand over to 01.09.2026.

[ SIDDHESHWAR S. THOMBRE ]
JUDGE

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