Bombay High Court

JANARDHAN SHANKAR DHONE AND ORS.versusSADASHIV SHANKAR DHONE AND ORS.

Disposal: Disposed Off

Holding

The court held that both civil applications were timely and allowed them, and it also granted condonation of the 86‑day delay in filing the second appeal.

Summary

The appellant filed Civil Application No. 14 of 2018 to record the legal heirs of a deceased appellant, and the court found the application to be within the prescribed time and allowed it. Similarly, Civil Application No. 13 of 2017 was filed to record the legal heirs of a deceased respondent, and the court also allowed it as it was timely. Civil Application No. 630 of 2018 sought condonation of an 86‑day delay in filing a second appeal; the court granted the condonation, ordered fresh notice to newly added respondents, and permitted service by all permissible modes. The court directed that amendments be made within two weeks for the first two applications. The judgment was delivered by Justice Rajesh S. Patil on 28 August 2026.

Issues considered

Whether the civil applications to record legal heirs were filed within the time limit.
Whether the 86‑day delay in filing the second appeal can be condoned.

Subjects

legal heirs
civil application
condonation of delay
second appeal
amendment
service of notice

Judgment

                                                              4-CAS-14-2018 (C).docx


                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CIRCUIT BENCH AT KOLHAPUR

                             CIVIL APPELLATE JURISDICTION

                          CIVIL APPLICATION NO. 14 OF 2018
                                         IN
                         SECOND APPEALST NO. 20912 OF 2016

        Janardhan Shankar Dhone And Ors                   ...Applicants
                    VERSUS
        Sadashiv Shankar Dhone And Ors                 ...Respondents
                                    WITH
                      CIVIL APPLICATION NO. 13 OF 2018
                                      IN
                     SECOND APPEALST NO. 20912 OF 2016

        Janardhan Shankar Dhone And Ors                   ...Applicants
                    VERSUS
        Sadashiv Shankar Dhone And Ors                 ...Respondents
                                    WITH
                      CIVIL APPLICATION NO. 630 OF 2017
                                      IN
                     SECOND APPEALST NO. 20912 OF 2016

        Janardhan Shankar Dhone And Ors                     ...Applicants
                     VERSUS
        Sadashiv Shankar Dhone And Ors                   ...Respondents
                                   ___________
        Mr. Shiraji Kokare i/b. Mr. Vishwanath Talkute, Advocate for the
        Applicants.
                                   ___________
                                           CORAM : RAJESH S. PATIL, J.
                                           DATE : 28 AUGUST 2026
        P. C. :

                           CIVIL APPLICATION NO. 14 OF 2018

        1.        This civil application has been filed by the appellant to bring

        on record the legal heirs of deceased appellant No. 1. Application is



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        within time.

        2.    Heard learned counsel for the appellant and have gone

        through the contents of the civil application. A case is made out to

        allow the civil application.

        3.    Civil application stands allowed in terms of prayer clause (a).

        4.    Amendment to be carried out within a period of two weeks
        from today.
                        CIVIL APPLICATION NO. 13 OF 2017
        5.    This civil application is filed to bring on record the legal heirs

        of deceased respondent No. 1. Application is within time.

        6.    Heard learned counsel for the appellant and have gone

        through the contents of the civil application. A case is made out to

        allow the civil application.

        7.    Civil application stands allowed in terms of prayer clause (a).

        8.    Amendment to be carried out within a period of two weeks
        from today.
                        CIVIL APPLICATION NO. 630 OF 2018
        9.    This civil application is filed for condonation of delay in filing

        the second appeal. Delay is of 86 days.

        10.   Issue fresh notice to newly added respondents, returnable on

        24 September 2026.

        11.   Apart from court notice, the Applicant is permitted to serve




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        the respondents by advocate’s private service, by all permissible

        modes of service and file affidavit of service before the next date of

        the hearing.


                                                    [RAJESH S. PATIL, J.]




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