Bombay High Court

SHIVRAM BAPURAO KHAMBARE (SINCE DECEASED THR. LRs) AND ORS.versusGANAPATI YASHWANT LATAWADE (SINCE DECEASED THR. LRs)

Disposal: Disposed Off
Bench: VRUSHALI V JOSHI

Holding

The court condoned the delay, set aside the abatement, and allowed the appellants to bring the legal heirs of Appellant No.1(d) on record.

Summary

The applicants filed a civil application seeking to bring the legal heirs of Appellant No.1(d) on record. The court noted a delay of 1 year and 174 days in setting aside the abatement of the suit. The court condoned the delay, set aside the abatement, and permitted the appellants to record the legal heirs. The court further directed the appellants to file the necessary amendment within two weeks of the order. The application was thereafter disposed.

Issues considered

Whether the delay of 1 year 174 days in seeking to set aside the abatement can be condoned
Whether the abatement should be set aside
Whether the appellants may be allowed to bring the legal heirs of Appellant No.1(d) on record

Subjects

abatement
condonation of delay
legal heirs
civil application
amendment

Judgment

                                                         21-cas-142-2016.doc

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIRCUIT BENCH AT KOLHAPUR
                     CIVIL APPELLATE JURISDICTION
                   CIVIL APPLICATION NO.142 OF 2016
                                  IN
                     SECOND APPEAL NO.89 OF 2016

Shivram Bapurao Khombare,
Since Deceased, Through LRs. & Ors.        …..Applicants

In the Matter in Between :
Shivram Bapurao Khombare,
Since Deceased, Through LRs. & Ors.        …..Appellants
      Vs.
Ganapati Yashwant Latawade,
Since Deceased, Through LRs.               …..Respondents
Mr. Shantanu Gurav, i/b. Mr. Mayuresh S. Lagu, for the Applicants.
Mr. Rahul Rote, i/b. Mr. Vijay Killedar, for the Respondent Nos.1(b)
to 1(e) & 3 & 4.
                               CORAM : MRS. VRUSHALI V. JOSHI, J.
                                DATED : 27th MARCH 2026
P.C.:-
1.       This Application is filed to bring the legal heirs of Appellant

No.1(d) on record. There is a delay of 1 year 174 days in setting

aside the abatement. The delay of 1 year 174 days is condoned. The

abatement is set aside. The Appellants are allowed to bring the legal

heirs of Appellant No.1(d) on record.


2.       The Appellants to carry out amendment within a period of two

weeks from today.


Gaikwad RD                                                                1/2
                                                                              21-cas-142-2016.doc

                        3.      The Application is accordingly disposed of.



                                                           (MRS. VRUSHALI V. JOSHI, J.)

           Digitally
           signed by
           RAJU
RAJU       DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD    Date:
           2026.03.30
           18:17:22
           +0530




                        Gaikwad RD                                                             2/2

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