Bombay High Court

VISHNUDAS RAMKISHAN AGRAWAL DEAD THROUGH LRS NARENDRA VISHNUDAS AGRAWALversusM/S SATKAR HOTEL THROUGH ITS PARTNER SHRILAL RAMKISHAN AGRAWAL AND OTHERS

Disposal: APPLICATION ALLOWED

Holding

The court condoned the 130‑day delay and set aside the abatement.

Summary

The applicant sought condonation of a 130‑day delay in filing an application to bring the legal representatives of a deceased appellant on record. The court examined the reasons for the delay and, noting that the substantive dispute required resolution on its merits and that justice demanded leniency, decided to condone the delay. Consequently, the earlier abatement was set aside, and the applicant was directed to amend the pleadings within two weeks, failing which a cost of Rs.2000 must be deposited with the Advocates’ Association. The court also ordered that the second appeal be listed for 1 October 2026. The application was therefore allowed.

Issues considered

Whether a delay of 130 days in filing an application for legal representation can be condoned under the Civil Procedure Code.
Whether the abatement of the application should be set aside in view of the condonation.

Subjects

condonation of delay
abatement
civil procedure
legal representatives
high court
amendment

Judgment

                                                              ca9410.26
                                   -1-


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

            973 CIVIL APPLICATION NO. 9410 OF 2026
                       IN/WITH SA/392/2024

    Vishnudas Ramkishan Agrawal Dead Through Lrs Narendra
                         Vishnudas Agrawal
                              VERSUS
M/s Satkar Hotel Through Its Partner Shrilal Ramkishan Agrawal And
                                Others
                                  ...
Advocate for Applicant : Mr. Jay Veer h/f Ms. Anjali Dube
Advocate for Respondent Nos. 1 and 2 : Mr. Satyajit S. Bora
                                  …..

                     CORAM : SANJAY A. DESHMUKH, J.
                     DATED : 11th SEPTEMBER, 2026

PER COURT :-


1.       This is an application for condonation of delay of 130 days

caused in filing the application for bringing the legal representatives

of deceased appellant on record.



2.       Perused the application. Heard learned advocates for both

sides. For the reasons stated in the application and considering the

fact that the lis between the parties is required to be decided on

merits and in the interest of justice, the application deserves to be

allowed. The delay of 130 days deserves to be condoned.



3.       Accordingly, the application is allowed. Delay stands

condoned. Abatement is set aside. Amendment be carried out within
                                                           ca9410.26
                                -2-

two weeks from today, failing which the costs amount of Rs.2000/- be

deposited in the account of the Library, Advocates’ Association of

Bombay High Court, Bench at Aurangabad.



4.       List the second appeal on 01.10.2026.



                                 (SANJAY A. DESHMUKH, J.)

rlj/

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