Bombay High Court
MAHADEO ANNAPPA BADURE AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH DISTRICT COLLECTOR, OSMANABAD AND ANR.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court held that, in the interest of justice, it may condone the extensive delay and quash the abatement, allowing the legal heirs/representatives to be brought on record.
Summary
The applicants, Mahadeo Annappa Badure and others, filed a civil application seeking to bring the legal heirs and representatives of applicant No.5 onto the record, condoning a delay of 1,576 days and setting aside an abatement that had been effected. The delay arose because the death of applicant No.5 was not brought to the court’s notice during the earlier appeal (First Appeal No. 2379 of 2010). The court examined whether it could, in the interest of justice, condone such a lengthy delay and overturn the abatement. Relying on principles of equity and procedural flexibility, the bench allowed the prayer to condone the delay and quash the abatement, directing that the necessary amendment be effected within two weeks. The civil application was consequently disposed of after granting the relief sought.
Issues considered
- Whether a delay of 1,576 days in bringing legal heirs/representatives of a deceased party on record can be condoned.
- Whether the abatement effected against the applicant can be set aside on the ground of condoned delay.
Subjects
- legal heirs
- representation
- abatement
- condonation of delay
- civil procedure
- amendment of pleadings
- interest of justice
Judgment
2026:BHC-AUG:41311
9-CA-9968-2026.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
9 CIVIL APPLICATION NO. 9968 OF 2026 IN FA/2379/2010
Mahadeo Annappa Badure And Others
VERSUS
The State Of Maharashtra
Through District Collector, Osmanabad And Another
……
Mr. S.N. Patil, Advocate h/f Mr. S.P. Urgunde, Advocate for the Applicants
Mr. A.D. Wange, AGP for Respondent No.1-State
……
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 04 SEPTEMBER, 2026
PER COURT :
1. By this application, the applicants seek to bring the legal heirs/legal
representatives of applicant/appellant No.5 on record by condoning the
delay caused in bringing them on record and also seek to set aside the
abatement. It is submitted that, while deciding First Appeal No.2379 of
2010, the fact that applicant/appellant No.5 was reported to have died was
not brought to the notice of this Court. The present application has,
therefore, been filed seeking the aforesaid reliefs.
2. Considering the averments made in the application, the Civil
Application is allowed in terms of prayer clause ‘A’, which reads thus:
“A. The delay of 1576 days caused for bringing legal
heirs/representatives of the applicant No.5 may kindly be taken
on record as sated in title clause in the interest of justice and
quash and set aside the abatement.”
9-CA-9968-2026.odt
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3. The amendment shall be carried out within a period of two weeks
from today.
4. The Civil Application stands disposed of.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
S P Rane
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