Bombay High Court
VISHWAS BHIKAJI REDKAR (SINCE DECD.) THROUGH LRS.versusNARAYAN GOPINATH PATIL
- Decided
- Disposal
- Disposed Off
- Bench
- M M SATHAYE
Holding
The court held that the delay was condoned and the application to bring the legal heirs on record was allowed.
Summary
The petitioners filed an application to bring on record the legal heirs of deceased petitioner No.3, who died a bachelor. The application was filed after a delay, and the petitioners sought condonation of that delay. The court examined the circumstances, noting that petitioners Nos.2a to 2c were already on record and could be shown as heirs of petitioner No.3. Finding sufficient cause, the court condoned the delay, allowed the amendment to include the heirs, and ordered that the amendment be effected within three weeks. The application was thereafter disposed in the petitioner’s favour.
Issues considered
- Whether the delay in filing an application to add legal heirs can be condoned
- Whether the petitioners may be permitted to amend the record to include the legal heirs of a deceased petitioner
Subjects
- legal heirs
- condonation of delay
- amendment
- civil procedure
- writ petition
Judgment
9(1)-CAW-2508-2018.doc
Digitally signed
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
by
HUSENBASHA
RAHAMAN
HUSENBASHA
RAHAMAN CIVIL APPELLATE JURISDICTION
NADAF
NADAF Date:
2026.01.14
CIVIL APPLICATION NO. 2508 OF 2018
11:21:35 +0530
IN
WRIT PETITION NO. 3489 OF 2001
Bhikaji Bhagwant Redkar (deceased) & Ors. ....Applicnats/Petitioners
V/S
Narayan Gopinath Patil ....Respondent
****
Mr. B.K. Raje for the Applicants.
Mr. Alanksha G. Bobhate i/b Mr. Chetan Bane for Respondent.
****
CORAM : M.M. SATHAYE, J.
DATE : 13th JANUARY, 2026
P.C. :
1. Heard learned advocates for the parties.
2. This is an application for bringing legal heirs of deceased
Petitioner No.3, who is also Petitioner No.1b as legal heir of Petitioner
No.1. There is delay in filing application. Since Petitioner No.3 died
bachelor, Petitioner Nos.2a to 2c, who are already on record, are to
be shown as legal heirs of Petitioner No.3.
3. Considering the averments and aforesaid circumstances,
sufficient cause is made out. The application is allowed. Delay in
filing application is condoned. The Applicants are permitted to bring
on record legal heirs of Petitioner No.3 as prayed.
4. Amendment to be carried out within a period of 3 weeks from
today. Application is disposed of in above terms.
(M.M. SATHAYE, J.)
Husen 1
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