Bombay High Court

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

Disposal: Disposed of

Holding

Condonation of the 2016‑day delay was granted despite insufficient cause, subject to payment of costs.

Summary

The applicant, Baban Naik (deceased), filed a criminal miscellaneous application seeking to bring his legal heirs on record after a delay of 2016 days. The applicant pleaded for condonation of this delay but failed to demonstrate sufficient cause. The court, after reviewing the record, noted the lack of satisfactory explanation yet allowed the application because the heirs wished to contest the proceedings. The allowance was conditioned on the applicant paying Rs. 5,000 to the first respondent by 31‑08‑2026. The court also clarified that all contentions raised by the respondent, including the question of whether the heirs could maintain the revision application, remain open. The application was therefore disposed of, with costs imposed on the applicant.

Issues considered

Whether condonation of a delay of 2016 days in filing an application to bring legal heirs on record should be granted.

Subjects

condonation of delay
criminal miscellaneous application
legal heirs
revision
procedural law
costs

Judgment

2026:BHC-GOA:1698
                                             CRMA 151 2026

                vinita

                         IN THE HIGH COURT OF BOMBAY AT GOA
                          CRIMINAL MISC. APPLICATION NO.151 OF 2026
                                           WITH
                         CRIMINAL REVISION APPLICATION NO.40 OF 2015
                    CRIMINAL MISC. APPLICATION NO.151 OF 2026
           BABAN NAIK (SINCE DEC. THR. LR.
           SANYUKTA KANKONKAR)                      ... APPLICANT
             Versus
           BHAVANA BHASKAR NARULKAR                 ... RESPONDENT
                                      WITH
                    CRIMINAL REVISION APPLICATION NO.40 OF 2015
           BABAN ANANT NAIK.                        ... APPLICANT
             Versus
           BHAVANA BHASKAR NARULKAR AND ANR.,       ... RESPONDENTS

           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.
           1.     Heard Mr. Chodankar, learned Counsel for the Applicant.
           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,

                                                Page 1 of 2
                                              24th August, 2026
                                                            CRMA 151 2026


                       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 12:42:03
                                                             24th August, 2026

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