Bombay High Court

SHRI. MANOHAR KRISHNAJI MUGDUM (DESD) LRS.versusSHRI. MAHAVIR NIWAS TENANTS ASSOCIATION and ORS.

Decided: 6 February 2026
Disposal: Disposed Off
Bench: ABHAY AHUJA

Holding

The court held that the two‑day delay is condonable and the applicant may amend the writ petition to include the legal heirs within six weeks.

Summary

The applicant filed a civil application to bring the legal heirs of the deceased applicant No.1, Manohar Krishnaji Mugdum, onto the record of a writ petition. The application was filed two days after the prescribed time, raising a question of condonation of delay. The court examined the submissions of counsel and found that the applicant had made out a sufficient case to justify condoning the delay. Accordingly, the court condoned the two‑day delay and permitted the applicant to amend the writ petition to include the legal heirs within six weeks, subject to service of the amended petition on the respondents. The court warned that failure to amend within the stipulated period would result in dismissal of the civil application, and ordered the application to be disposed of.

Issues considered

Whether a two‑day delay in filing the civil application can be condoned?
Whether the applicant may be allowed to bring the legal heirs of the deceased on record in the writ petition?

Subjects

condonation of delay
amendment of pleadings
legal heirs
civil procedure
writ petition

Judgment

                                                                        7.2551.03-caw

                     FARAD CONTINUATION SHEET
            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                   CIVIL APPLICATION NO.2551/2003
                                  IN
                     WRIT PETITION NO.2848/1991

Office Notes, Office                      Court’s or Judge’s orders
Memoranda of Coram,
Appearances, court’s
orders or directions
and Registrar’s orders
                         Mr. Vijay Killedar for the applicant
                         Mr. S. D. Rayrikar, AGP for the respondent No.2.

                                            CORAM : K. K. TATED, J.
                                            DATE : SEPTEMBER 2, 2016
                         P.C.:

                         1.      Heard. This application is for bringing legal
                         heirs on record of deceased applicant No.1
                         Manohar      Krishnaji      Mugdum      who     died    on
                         11.05.2003. There is delay of two days in making
                         the Civil Application.


                         2.      Considering the submissions made by the
                         learned    counsel    for    the   Applicant    and    the
                         averments made in the Application, I am satisfied
                         that the Applicant has made out a case for allowing
                         the Civil Application.


                         3.      Hence, the following order:
                         a)      Delay in making the Civil Application             is
                         condoned.

Basavraj G Patil                                                                 1/2
                                                            7.2551.03-caw



                   b)    The applicant is permitted to bring on record
                   the legal heirs of deceased applicant No.1 in Writ
                   Petition within six weeks from today, failing which
                   the Civil Application shall stand dismissed without
                   further reference to the court.


                   c)    If amendment is carried out within stipulated
                   time as stated hereinabove,       the Applicant is
                   directed to serve an amended copy of the Writ
                   Petition, on the Advocate for the Respondents,
                   immediately thereafter.


                   d)    Civil    application   stands   disposed    off
                   accordingly.


                                                         JUDGE




Basavraj G Patil                                                     2/2

Continue reading with your account

Checking your session…