Bombay High Court

BABAN NAIK (SINCE DEC. THR. LR. SANYUKTA KANKONKAR)versusBHAVANA BHASKAR NARULKAR

Disposal: Disposed of

Holding

Condonation of the delay was granted despite insufficient cause, subject to payment of costs, while keeping the respondent's contentions open.

Summary

The applicant, Baban Naik (deceased), filed a criminal miscellaneous application seeking condonation of a 2016‑day delay to bring his legal heirs on record in pending proceedings. The court examined the record and heard counsel, finding that the applicant failed to demonstrate sufficient cause for such a long delay. Nevertheless, the court allowed the condonation application, directing the applicant to pay costs of Rs. 5,000 to the respondent by 31‑08‑2026. The court expressly kept open all contentions raised by the respondent, including whether the heirs, even if recorded as parties, could maintain the revision application. The application was consequently disposed of, with a stay order until 1‑9‑2026.

Issues considered

Whether condonation of a 2016‑day delay in filing an application to bring legal heirs on record can be granted.
Whether legal heirs, if brought on record after such delay, are entitled to maintain the pending revision application.

Subjects

condonation of delay
legal heirs
criminal revision
procedural law
costs

Judgment

2026:BHC-GOA:1697
                                           39 CRMA 148 2026

              vinita

                       IN THE HIGH COURT OF BOMBAY AT GOA
                 CRIMINAL MISC. APPLICATION NO.148 OF 2026
                                  WITH
                CRIMINAL REVISION APPLICATION NO.41 OF 2015,
             CRIMINAL MISC. APPLICATION NO.118 OF 2026, CRIMINAL
                    MISC. APPLICATION NO.311 OF 2026 (F)
                    CRIMINAL MISC. APPLICATION NO.148 OF 2026
           BABAN NAIK (SINCE DEC. THR. LR.
           SANYUKTA KANKONKAR)                      ... APPLICANT
             Versus
           BHAVANA BHASKAR NARULKAR                 ... RESPONDENT
                                      WITH
                    CRIMINAL REVISION APPLICATION NO.41 OF 2015
           BABAN ANANT NAIK.                        ... APPLICANT
             Versus
           BHAVANA BHASKAR NARULKAR AND ANR.,       ... RESPONDENTS

                                     WITH
                    CRIMINAL MISC. APPLICATION NO.118 OF 2026
           BHAVANA BHASKAR NARULKAR                 ... APPLICANT
             Versus
           BABAN ANANT NAIK                         ... RESPONDENTS

                                        WITH
                    CRIMINAL MISC. APPLICATION NO.311 OF 2026 (F)
           BABAN NAIK (SINCE DEC. THR. LR.
           SANYUKTA KANKONKAR)                       ... APPLICANT
             Versus
           BHAVANA BHASKAR NARULKAR                  ... RESPONDENT

           Mr Raviraj Chodankar, Advocate for the Applicant through VC
           Mr J. J. Mulgaonkar, Ms S. Parulekar, and Ms D. Naidu,
           Advocates for the Respondent.

                                CORAM:- AMIT S. JAMSANDEKAR, J.
                                DATED :- 24th August, 2026

           P.C.
                  Heard Mr. Chodankar, learned Counsel for the Applicant.

                                               Page 1 of 2
                                             24th August, 2026
                                                          39 CRMA 148 2026


                       2. By the present application, the Applicant seeks condonation of
                       delay of 2016 days in filing the application for bringing the legal
                       heirs of the deceased Applicant on record.
                       3. Upon perusal of the entire record and after hearing the learned
                       Counsel for the Applicant, I am satisfied that the Applicant has not
                       shown any sufficient cause for condonation of the delay. However,
                       considering the fact that the legal heirs of the deceased Applicant
                       desire to contest the proceedings, the application is allowed,
                       subject to payment of costs of Rs. 5,000/- by the Applicant to
                       Respondent No. 1 on or before 31.08.2026.
                       4.        It is made clear that all the contentions raised on behalf of
                       Respondent No. 1, including the contention that, even upon being
                       brought on record as parties, the legal heirs cannot maintain the
                       Revision Application and all other contentions, are kept open.
                       5. The application stands disposed of accordingly.
                       6. Stand over to 1.9.2026



                                                                  AMIT S. JAMSANDEKAR, J.




Signed by: VINITA VIKAS NAIK
Designation: Private Secretary
                                                              Page 2 of 2
Date: 25/08/2026 12:39:09
                                                            24th August, 2026

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