Bombay High Court

BHAUSAHEB MURLIDHAR GONDKAR DIED THR LRS AND ANRversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND ORS

Disposal: DISPOSED OFF

Holding

The Court condoned the delay and allowed the civil application, permitting the legal heirs to be brought on record.

Summary

The petitioners sought to bring on record the legal heirs of the deceased Bhausaheb Murlidhar Gondkar, who died on 10 August 2025. A civil application was filed 293 days after the death, raising the question of whether such delay could be condoned. The Court examined the reasons provided for the delay and, finding them satisfactory, exercised its discretion to condone the delay. Consequently, the application was allowed, and the legal heirs were permitted to be recorded, with a directive to amend the records within two weeks. The writ petition was ordered to be placed on board on 29 September 2026.

Issues considered

Whether a delay of 293 days in filing a civil application for recording legal heirs can be condoned

Subjects

delay condonation
civil application
legal heirs
high court
writ petition
record amendment

Judgment

                                                             49 WP NO. 8673 OF 2009


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                     WRIT PETITION NO. 8673 OF 2009
                   Bhausaheb Murlidhar Gondkar And Anr.
                                  VERSUS
                     The State Of Maharashtra And Ors.
                                    …
                                   WITH
                   CIVIL APPLICATION NO. 9749 OF 2026
                             IN WP/8673/2009
           Bhausaheb Murlidhar Gondkar Died Through Lrs And Anr.
                                  VERSUS
           The State Of Maharashtra Through Its Secretary And Ors.
                                     …
                                   WITH
                   CIVIL APPLICATION NO. 14471 OF 2017
                             IN WP/8673/2009
                    Bhausaheb Murlidhar Gondkar And Anr.
                                    VERSUS
                       The State Of Maharashtra And Ors.
                                        …
       •   Mr. Tushar Nagarkar, Advocate i/by Mr. Kiran M. Nagarkar,
           Advocates for the Petitioners in Writ Petition No. 8673 of 2009,
           Applicants in Civil Application Nos. 9749 of 2026 and 14471 of
           2017.
       •   Mr. S. B. Pulkundwar, AGP for Respondent Nos. 1 to 3 and 5 -
           State.
       •   Mr. S. S. Kote, Advocate h/f. Mr. Vinayak D. Hon, Advocate for
           Respondent No. 4.
                                        …
                                     CORAM : KISHORE C. SANT &
                                                JITENDRA JAIN, JJ.
                                    DATE     : 31st AUGUST, 2026
PER COURT :

CIVIL APPLICATION NO. 9749 OF 2026 :-

1.            This Civil Application is filed for bringing on record the

legal heirs of deceased Petitioner No. 1 - Bhausaheb Murlidhar

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                                                           49 WP NO. 8673 OF 2009


Gondkar, who died on 10.08.2025. The particulars of his legal heirs

are set out in paragraph No. 2 of the Civil Application.

2.       There is a delay of 293 days in filing the Civil Application.

3.       For the reasons stated in the Civil Application, the delay is

condoned. The Civil Application is allowed. The legal heirs of

deceased Petitioner No. 1 are permitted to be brought on record.

Necessary amendment shall be carried out within two weeks from

today.

4.       Place the Writ Petition on board on 29.09.2026.




 [JITENDRA JAIN, J.]                          [KISHORE C. SANT, J.]




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