Bombay High Court

DR ABDUL GAFOOR S/O ABDUL SUKUR AND ORS.versusTHE STATE OF MAHARASHTRA, THROUGH DISTRICT COLLECTOR, COLLECTOR OFFICE, NANDED AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The application is allowed; the heirs may be added, delay is condoned, and any abatement is set aside.

Summary

The applicants filed a civil application seeking permission to join the legal heirs of appellant No. 2 to the record and to condone the delay in filing the application, requesting that any abatement be set aside. The counsel learned after the court’s earlier order that appellant No. 2 had died, prompting the filing of the present application along with an heirship certificate. The court considered the factual circumstance of the appellant’s death and the accompanying heirship evidence. It allowed the amendment of the first appeal to include the heirs, condoned any delay, and set aside any abatement that might have arisen. The order was pronounced by Justice Siddheshwar S. Thombre on August 31, 2026.

Issues considered

Whether the legal heirs of a deceased appellant can be added to the record in a pending appeal
Whether the court may condone delay in filing such an application
Whether any abatement of the appeal can be set aside on these grounds

Subjects

Civil Procedure Code
Amendment of pleadings
Heirship
Abatement
Condonation of delay
Succession

Judgment

2026:BHC-AUG:40066

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

32 CIVIL APPLICATION NO. 9964 OF 2026
IN FA/184/2010

DR ABDUL GAFOOR S/O ABDUL SUKUR AND ORS.
VERSUS
THE STATE OF MAHARASHTRA, THROUGH DISTRICT COLLECTOR,
COLLECTOR OFFICE, NANDED AND ORS.
...
Advocate for Applicant : Mr. S.S. Kurundkar
AGP for Respondent/State : Mr. S.N. Morampalle
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
Dated : August 31, 2026
PER COURT :-

1. By this application, the applicants are seeking permission to bring on

record the legal heirs of appellant No. 2 and further seeks to condone the

delay caused in filing the application by setting aside the abatement, if any.

This application is filed in disposed of matter.

2. The learned counsel for the applicants submits that when this court

heard the matter, he was not aware about the fact that the appellant No. 2

in the appeal was no more and after passing the order, when the order was

communicated, he came to know that appellant No. 2 was dead. Therefore,

the applicants filed present application along with copy of heirship certificate

issued by the 3rd Jt. Civil Judge, Junior Division, Nanded.

3. Considering the above, the application is allowed in terms of prayer

clause ’ B’ and ‘C’. Applicants to carry out the amendment in the first

appeal. Delay, if any, is condoned. Abatement, if any, is set aside.

( SIDDHESHWAR S. THOMBRE, J. )

ssc/

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