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Bombay High Court

VISHWAS BHIKAJI REDKAR (SINCE DECD.) THROUGH LRS.versusNARAYAN GOPINATH PATIL

Decided
Disposal
Disposed Off

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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