Bombay High Court

KALIDAS PANDURANG THIGLEversusMEERA PRADEEP BORALKAR AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court condoned the delay, set aside the abatement, and allowed the addition of the deceased respondent’s legal representatives.

Summary

The petitioner filed a civil application seeking condonation of a 370‑day delay, setting aside an abatement, and permission to include the legal representatives of the deceased respondent No.3, Ramchandra Deshpande. The High Court examined the application and noted that the delay was not deliberate or intentional. Accordingly, the Court condoned the delay, set aside any abatement, and granted permission to bring the deceased respondent’s legal representatives on record, subject to a two‑week amendment deadline. The Court warned that failure to amend within the stipulated period would attract a cost of Rs.2000. The application was listed for further hearing and the civil application was disposed.

Issues considered

Whether a delay of 370 days in filing the application can be condoned.
Whether the abatement, if any, should be set aside.
Whether the legal representatives of a deceased respondent may be permitted to be added to the record.

Subjects

condonation of delay
abatement
legal representatives
civil revision
procedural law

Judgment

                                        1                                   934.odt


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                      BENCH AT AURANGABAD.
            934 CIVIL REVISION APPLICATION NO. 183 OF 2017

                  KALIDAS PANDURANG NAIK-THIGLE
                                   VERSUS
               MEERA PRADEEP BORALKAR AND OTHERS
                                       ...
Advocate for the Petitioner : Mr. Aditya M. Rakh, h/f Mr. D. D. Deshmukh.
Adv. for Respondent No.1 : Mr. S. R. Mantri, h/f Mr. S. S. Gangakhedkar.
                                       …

                                  WITH
                    CIVIL APPLICATION NO.9204 of 2026
                             IN CRA/183/2017
                                   ...


                                 CORAM : SANJAY A. DESHMUKH, J.
                                 DATE       :   18th August, 2026.

P.C.:

CIVIL APPLICATION NO.9204 of 2026

1        This application is filed for condonation of delay, setting aside
abatement and permission to bring the legal representatives of
deceased respondent No.3 / Ramchandra Deshpande on record.

2        Perused the application. There is delay of 370 days caused in
filing this application.

3        For the reasons stated in the application, the application
deserves to be allowed as the delay is not caused deliberately and
intentionally. Hence, the delay is condoned. Abatement, if any, is set
aside.     Permission is granted to bring the legal representatives of
deceased respondent No.3 / Ramchandra Deshpande on record.
Necessary amendment be carried out, within a period of two weeks
from today. The civil application stands disposed of.
                                            2                                  934.odt



      4     It is made clear that if the amendment is not carried out within
      the stipulated period, then the appellant will require to deposit costs of
      Rs.2000/- with the Advocates Chambers Allottees Maintenance Co-
      operative Society, High Court Premises, Aurangabad.

      5     List the civil revision application on 3rd September, 2026.




                                            [ SANJAY A. DESHMUKH, J. ]
nga

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