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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. ]
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