Bombay High Court

SOW. ALKABAI VISHWAMBAR SAWANT AND ANRversusVISHWAMBAR JYOTIRAM SAWANT AND OTHERS

Disposal: DISPOSED OFF
Bench: MEHROZ K PATHAN

Holding

The Court condoned the delay and allowed the legal heirs to be brought on record as respondents.

Summary

The applicants filed a civil application seeking to bring the legal heirs of the deceased Respondent No.1 on record, after the respondent's death on 14 May 2025. They submitted a legal heirship certificate and requested condonation of a 14‑day delay in filing the application. The respondents did not contest the death but raised no objection to the amendment. The Court, after considering the submissions, condoned the delay, allowed the amendment to include the heirs as Respondent Nos. 1A to 1C, and ordered the necessary amendment to be made. Consequently, the civil application was disposed of in accordance with the order.

Issues considered

Whether the Court can condone a 14‑day delay in filing an application to bring legal heirs on record.
Whether the legal heirs of a deceased party may be added as respondents after the death of the original party.

Subjects

legal heirship
condonation of delay
amendment of parties
civil procedure
succession

Judgment

2026:BHC-AUG:586

                                          1                       902(i).CA-9395-2025.doc




                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD
                          CIVIL APPLICATION NO. 9395 OF 2025
                                  IN SA/560/2023
                   SOW. ALKABAI VISHWAMBAR SAWANT AND ANR
                                    VERSUS
                   VISHWAMBAR JYOTIRAM SAWANT AND OTHERS

                                         …
              Advocate for Applicants : Mr. Sonkawade Amarsinha Dharmaraj
             Advocate for Respondent Nos. 5A and 6 to 10 : Mr. V.G. Kodale

             Advocate for Respondent Nos. R/1-A to 1-C : Mr. Shubham S. Kote
                                       …

                                       CORAM : MEHROZ K. PATHAN, J.
                                          DATE : 8th JANUARY, 2026

              PER COURT :
              1.       The learned Counsel for the Applicants Mr. Sonkawade has
              filed the present application for bringing the legal heirs of
              Respondent No.1/Vishwambhar Jyotiram Sawant, on record, as the
              Respondent No.1 has expired on 14.05.2025. The learned Counsel
              has also annexed, along with the application, a copy of the legal
              heirship certificate issued by the Sarpanch of Gram Panchayat,
              Bodegaon, Taluka Chakur, District Latur.
              .        The learned Counsel therefore submits that this Court may
              condone the delay of 14 days in filing the application for bringing the
              legal heirs of Respondent No.1 on record.


              2.       The learned Counsel Mr. Kodale, appearing for Respondent
                              2                      902(i).CA-9395-2025.doc




Nos. 5A and 6 to 10, does not dispute that Respondent No. 1 expired
on 14.05.2025.


3.         Thus taking into consideration the above submissions and
for the reasons stated in the application, the delay is condoned and
the application is allowed.


4.         The legal heirs, as shown in the prayer clause as
Respondent Nos. 1A to 1C, are allowed to be brought on record. The
necessary amendment shall be carried out forthwith.


5.         The Civil Application stands disposed of accordingly.




                                             MEHROZ K. PATHAN
                                                 JUDGE




NAJEEB..

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