Bombay High Court

ANKUSH GANAPATRAO PANAK AND ANOTHERversusBHALCHANDRA NARAYANARAO WAGHMARE (DIED) AND OTHERS

Disposal: APPLICATION ALLOWED

Holding

The delay is not deliberate and is condoned; the abatement is set aside and permission is granted to bring the legal representatives of the deceased respondent on record.

Summary

The appellant filed a civil application seeking condonation of a 265‑day delay in filing a subsequent application to bring the legal representatives of a deceased respondent on record, and also requested that the abatement of the earlier proceeding be set aside. The respondents opposed the application. The court examined the reasons for the delay and found that it was not deliberately caused and that allowing the amendment would enable the matter to be decided on its merits. In the interest of justice, the court condoned the delay, set aside the abatement, and granted permission to bring the legal representatives of the deceased respondent on record, subject to a two‑week amendment period and a cost order. The order was pronounced by Justice Sanjay A. Deshmukh on 28‑08‑2026.

Issues considered

Whether a delay of 265 days in filing an application to bring legal representatives of a deceased party on record can be condoned.
Whether the abatement of the proceeding should be set aside.

Subjects

condonation of delay
abatement
legal representatives
civil procedure
interest of justice
amendment

Judgment

                                               933 SA NO. 96 OF 2003.odt


       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD
              933 SECOND APPEAL NO. 96 OF 2003
              Ankush Ganpatrao Penak And Ors.
                            VERSUS
                     Bhalchandra And Ors.
                               ...
Mr. D N Suryawanshi, ., Advocate for Appellant
Ms. Pedgaonkar Anagha N., Advocate for Respondent Nos.1 to 4
                             WITH
  CIVIL APPLICATION NO. 9671 OF 2026 IN SA/96/2003WITH
  CIVIL APPLICATION NO. 3277 OF 2026 IN SA/96/2003WITH
     CIVIL APPLICATION NO. 1385 OF 2003 IN SA/96/2003

                   CORAM : SANJAY A. DESHMUKH, J.
                     DATE : 28.08.2026
PER COURT :-
CIVIL APPLICATION NO. 9671 OF 2026 IN SA/96/2003

1.        Heard learned Advocates for both sides.


2.        This is an application for condonation of 265 days delay

caused in filing the Civil Application for bringing the legal

representatives of deceased Respondent No.1 on record as well as

for setting aside abatement and permission to bring the L.Rs. of

deceased Respondent No.1 on record.

3.        Learned Advocate for the respondents strongly opposed

the application.

4.          Perused the application.    Considering the reasons

stated therein and the fact that the Applicants seek to bring the


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                                       (( 2 ))        933 SA NO. 96 OF 2003


legal representatives of the deceased Respondent No.1 on record so as

to enable this Court to decide the lis finally on merits, the delay

deserves to be condoned as it is not deliberately caused. Therefore,

the application deserves to be allowed in the interest of justice.

Hence, the following order:

                               ::ORDER::

           a.    The application is allowed.

           b.    The delay of 265 days caused in filing the Civil
           Application for bringing the legal representatives of
           Respondent No.1 on record is condoned.

           c.    The abatement is set aside.

           d.    Permission to bring the legal representatives of
           of deceased Respondent No.1 on record is granted.
           The amendment be carried out within a period of two
           weeks from today. If the amendment is not carried
           out within the stipulated period, the applicants shall
           be liable to pay costs of Rs.2,000/- to the Advocates’
           Chambers     Allottees   Maintenance     Co-operative
           Society,   High    Court     Premises,    Chhatrapati
           Sambhajinagar.


.          List the matters on 11.09.2026.



                                         [ SANJAY A. DESHMUKH, J. ]
HRJadhav



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