Bombay High Court

ANIL MADAM SURYAVANSHI DIED THR LRS VAISHALI A SURYAWANSHIversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The delay is condoned and the wife is permitted to be taken on record as the legal heir of the deceased petitioner.

Summary

The wife of the deceased petitioner filed a civil application seeking to be recorded as the legal heir of her late husband. The application noted a delay of 122 days in filing the request. The court examined whether such a delay could be condoned under procedural law. Finding no substantive impediment and accepting the reasons given, the judges condoned the delay. Consequently, the wife was permitted to be taken on record as the legal heir and the necessary amendment was ordered. The civil application was thereafter disposed.

Issues considered

Whether a delay of 122 days in seeking to be recorded as a legal heir can be condoned.
Whether the wife of the deceased petitioner is entitled to be recognized as the legal heir.

Subjects

legal heir
succession
delay condonation
amendment
civil application
writ petition

Judgment

2026:BHC-AUG:41194-DB


                                                                         ca9935-26.doc
                 drp
                          IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                     BENCH AT AURANGABAD

                               CIVIL APPLICATION NO. 9935 OF 2026
                                               IN
                                 WRIT PETITION NO.6663 OF 2024

                 Anil Madam Suryawanshi (Died) Through LRs              APPLICANTS
                       VERSUS
                 The State of Maharashtra and Others                  RESPONDENTS

                                                .......
                 Ms. Krutika B. Muttepod h/f Mr. S. K. Mathpati, Advocate for
                 Applicants
                 Mr. S. R. Wakle, AGP for Respondent - State
                 Mr. A. A. Jagatkar, Advocate for Respondents No. 4 to 7
                                                ....…

                              [CORAM : NITIN B. SURYAWANSHI, &
                                       ABASAHEB D. SHINDE, J. J.]

                                      DATE : 4th SEPTEMBER, 2026

                 ORDER :

                 1.     By this Application, wife of deceased Petitioner prays to
                 take her on record as legal heir of deceased Petitioner. There is
                 delay of 122 days.


                 2.     For the reasons stated in the Application, the delay is
                 condoned. The applicant is permitted to be taken on record as
                 legal heir of deceased Petitioner. Amendment be carried out
                 forthwith.


                 3.     Civil Application is disposed of.



                 [ ABASAHEB D. SHINDE ]                     [ NITIN B. SURYAWANSHI ]
                          JUDGE                                        JUDGE
                 drp/ca9935-26.doc

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