Bombay High Court
RAMJIBHAI DAYABHAI SARVAYA DIED THROUGH LRS RAMESHKUMAR RAMJIBHAI SARVAYAversusRAMSWARUP RAMDHAN MANTRI DIED THROUGH LRS VIJAYA RAMSWARUP MANTRI
- Disposal
- DISPOSED OFF
Holding
The delay is condoned and the legal representatives of the deceased respondent may be brought on record.
Summary
The applicant filed Civil Application No. 9398 of 2026 seeking condonation of a 1,505‑day delay in filing the suit and permission to record the legal representatives of the deceased respondent. The court examined the delay and found it was not deliberate or intentional, warranting condonation. Consequently, the court set aside any abatement that might have arisen from the delay. Permission was also granted to bring the deceased respondent’s legal representatives on record, with a directive to amend the pleadings within two weeks. The same relief was extended to Civil Application No. 9400 of 2026, which was thereafter disposed of. The second appeal was listed for a later date, and any interim relief previously granted was allowed to continue.
Issues considered
- Whether the 1,505‑day delay in filing the civil application can be condoned.
- Whether the legal representatives of a deceased respondent may be brought on record after the delay is condoned.
Subjects
- condonation of delay
- legal representatives of deceased
- civil procedure
- abatement
- amendment of pleadings
Judgment
1 915 ca.9392.26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
915 CIVIL APPLICATION NO. 9398 OF 2026
IN SA/45/2000
RAMJIBHAI DAYABHAI SARVAYA DIED THROUGH LRS
RAMESHKUMAR RAMJIBHAI SARVAYA
VERSUS
RAMSWARUP RAMDHAN MANTRI DIED THROUGH LRS
VIJAYA RAMSWARUP MANTRI
...
Advocate for Applicant : Mr. Niranjan Milind Deshpande.
...
WITH
CIVIL APPLICATION NO. 9400 OF 2026
IN SA/45/2000
WITH
CIVIL APPLICATION NO. 5779 OF 2026
IN SA/45/2000
WITH
SECOND APPEAL NO. 45 OF 2000
WITH
CIVIL APPLICATION NO. 439 OF 2000
IN SA/45/2000
...
CORAM : SANJAY A. DESHMUKH, J.
DATE : 29th August, 2026.
P.C.:
CIVIL APPLICATION NO. 9398 OF 2026
1 This application is filed for condonation of delay caused in filing
the civil application and permission to bring the legal representatives of
deceased respondent on record.
2 Perused the application. There is a delay of 1505 days caused
in filing this application.
2 915 ca.9392.26.odt
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 on record. Necessary amendment be carried
out, within a period of two weeks from today. Civil Application No.9398
of 2026 stands disposed of.
4 Civil Application No.9400 of 2026 is filed for similar purpose i.e.
to bring the legal representatives of the deceased respondent on
record. In view of the order passed in Civil Application No.9398 of
2026, Civil Application No.9400 of 2026 is disposed of.
SECOND APPEAL NO. 45 OF 2000
5 List second appeal on 28th September, 2026.
6 Interim relief, if any, granted earlier to continue till the next date.
[ SANJAY A. DESHMUKH, J. ]
nga
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