Bombay High Court
AHMED MOHINUDDIN TAMIZUDDIN DIED LRS. PASAMIYA AHMED MOHINDDIN AND ORSversusRUPABAI PEERAJI JAGTAP AND ORS
- Disposal
- APPLICATION ALLOWED
Holding
The court held that the delays were not deliberately caused and were therefore condonable under Section 5 of the Limitation Act, leading to the setting aside of the abatement and permission to bring the legal representatives on record.
Summary
The High Court of Bombay, Aurangabad Bench, considered two civil applications seeking condonation of delay—one for 5,737 days and another for 322 days—in filing petitions to set aside an abatement and to place the appellant's legal representatives on record. The respondents opposed the condonation, arguing that the delays lacked sufficient cause under Section 5 of the Limitation Act. After reviewing the applications and hearing counsel, the court found that the delays were not deliberately caused and were justified in the interest of justice. Consequently, both delays were condoned, the abatement was set aside, and permission was granted to bring the legal representatives on record, with a directive to amend within a week. The appeal was scheduled for hearing on 4 September 2026.
Issues considered
- Whether the delay of 5,737 days and 322 days in filing the applications can be condoned under Section 5 of the Limitation Act
- Whether the abatement should be set aside and the legal representatives be allowed on record
Legislation cited
- Limitation Act — s. 5
Subjects
- condonation of delay
- Limitation Act
- Section 5
- abatement
- legal representatives
- second appeal
- interest of justice
Judgment
2026:BHC-AUG:38039
(1) 912 sa 589.92
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
912 SECOND APPEAL NO. 589 OF 1992
WITH CIVIL APPLICATION NO. 9572 OF 2022
IN CA/10248/2004
WITH CIVIL APPLICATION NO. 3457 OF 2024
IN X-OBJ/72/2022
RABIYABEE AHEMAD MOHIODDIN.
VERSUS
RUPABAI PIRAJI JAGTAP AND OTHERS.
…..
Advocate for Appellant : Mr. Godhamgaonkar P.G.
Advocate for Respondents : Mr. S. S Choudhari
…..
CORAM : SANJAY A. DESHMUKH, J.
DATE : 20.08.2026
P.C.:-
Civil Application No. 9572 of 2022:
1. This is an application for condonation of delay of 5737 days
caused in filing the application for setting aside the abatement and for
bringing the legal representatives of appellant on record.
2. Perused the application. Heard the learned advocates for both the
sides
3. The learned advocate for the respondent strongly opposed the
application.
(2) 912 sa 589.92
4. No doubt, a delay of 5,737 days cannot be condoned unless it is
sufficiently explained by demonstrating sufficient cause, as contemplated
under Section 5 of the Limitation Act.
5. On perusal of application and the grounds stated in the
application, it appears that the delay has not been deliberately caused and the
same deserves to be condoned, the delay of 5737 days stands condoned. The
application stands allowed in the interest of justice. Abatement is set aside
and permission for bringing the legal representatives of appellant on record is
granted. Amendment be carried out within one week.
Civil Application No. 3457 of 2024:
6. This is an application for condonation of delay of 322 days caused
in filing the application for setting aside the abatement and for bringing the
legal representatives of applicant no.8B on record.
7. Perused the application. Heard the learned advocates for both the
sides
8. The learned advocate for the respondent strongly opposed the
application and submitted that there is no sufficient cause to condone the
delay under Section 5 of the Limitation Act. He further submitted that, if this
(3) 912 sa 589.92
aspect is taken into consideration, the application deserves to be rejected.
9. On perusal of application and the grounds stated in the
application, it appears that the delay has not been deliberately caused and the
same deserves to be condoned, the delay of 322 days stands condoned. The
application stands allowed in the interest of justice. Abatement is set aside
and permission for bringing the legal representatives of applicant no.8B on
record is granted. Amendment be carried out within one week
Appeal:
10. Place the appeal on 04.09.2026 at 02.30 p.m.
[SANJAY A. DESHMUKH, J.]
mubashir
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