Bombay High Court
DASHRATH ASARAM KOLI and ORSversusGOVERNMENT OF MAHA and ORS
- Disposal
- APPLICATION ALLOWED
Holding
The Court condoned the delay and ordered the appeal to be fixed for final hearing on 07‑09‑2026.
Summary
The appellant Dashrath Asaram Koli and others filed a second appeal before the Bombay High Court, Aurangabad Bench. Two civil applications were filed: one seeking to fix the date for the final hearing of the appeal, and another seeking condonation of substantial delays in bringing the legal representatives of deceased appellants and a respondent on record. The Court examined the applications, noting that the delays were not deliberate and that condoning them served the interests of justice. Consequently, the application to fix the hearing was allowed, setting the final hearing for 07‑09‑2026, and the application for condonation of delay was also allowed, with the delays of 5,077, 3,141, 3,694, 2,295 and 517 days condoned. The Court ordered that the parties amend the records within two weeks, imposing a cost of Rs 2,000 per deceased person for non‑compliance.
Issues considered
- Whether the delay in bringing the legal representatives of deceased parties on record can be condoned
- Whether the appeal can be fixed for final hearing on a specified date
Subjects
- condonation of delay
- procedural law
- civil appeal
- legal representatives
- court orders
- costs
Judgment
2026:BHC-AUG:38034
(1) 926 sa 473.01
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
926 SECOND APPEAL NO. 473 OF 2001
WITH CIVIL APPLICATION NO. 9893 OF 2004
WITH CIVIL APPLICATION NO. 16371 OF 2015
DASHRATH ASARAM KOLI AND ORS
VERSUS
STATE OF MAHARASHTRA AND ORS
…..
Advocate for Appellant : Ms. Deepali Nikalje h/f. Ajay G Talhar
AGP for Respondents/State : Mrs. Vaishali P. Dama
…..
CORAM : SANJAY A. DESHMUKH, J.
DATE : 20.08.2026
P.C.:-
1. Print stands dispensed with.
Civil Application No.9893/2004:
2. This application is filed for fixing the appeal for final hearing.
3. Perused the application.
4. Heard the learned advocate for the applicant.
5. Application is allowed. Fix the appeal for final hearing on
07.09.2026, first on board.
(2) 926 sa 473.01
Civil Application No.16371/2015:
6. This is an application for condonation of delay of 5077, 3141,
3694, 2295 and 517 days caused in bringing the legal representatives of
deceased-appellant nos.1 to 3 & 6 as well as respondent no.4 on record.
7. 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 5077, 3141, 3694, 2295 and 517
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 nos.1 to 3 & 6 and respondent no.4 on record is
granted. Amendment be carried out within two weeks.
8. If the amendment is not carried out within two weeks in respect
of each deceased appellant and respondent, the concerned party shall pay
costs of Rs. 2,000/- in respect of each deceased person, which shall be
deposited with this Court.
[SANJAY A. DESHMUKH, J.]
mubashir
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