Bombay High Court

USHA NARAYAN UTEKAR SINCE DEC THR HIS HEIRversusBHARAT PETROLEUM CORPORATION LTD AND ORS

Disposal: Allowed

Holding

The Court condoned the delay, set aside the abatement, and allowed the amendment to bring the heirs on record.

Summary

The petitioner, Usha Narayan Utekar, filed an interim application seeking condonation of delay in setting aside an abatement and to bring the legal heirs of the deceased petitioner on record in Writ Petition No. 2541 of 2019 against Bharat Petroleum Corporation. The Court found no serious dispute and held that the cause of action survived against the heirs. Accordingly, the delay was condoned, the abatement was set aside, and leave was granted to amend the petition to include the heirs within one week. The Court also noted a prior order dated 18.06.2024 and 21.06.2024 where the petitioner’s counsel requested time to obtain instructions from the heirs regarding vacating premises, and the matter was listed for urgent hearing on 15.10.2026.

Issues considered

Whether the delay in seeking condonation for setting aside the abatement can be condoned?
Whether the legal heirs of the deceased petitioner can be added to the writ petition?

Subjects

procedural law
condonation of delay
abatement
amendment of petition
legal heirs
writ petition

Judgment

                                                           136 WP 2541 OF 2019.odt

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIRCUIT BENCH AT KOLHAPUR
                      CIVIL APPELLATE JURISDICTION

                  136 INTERIM APPLICATION NO. 10153 OF 2024
                                     IN
                        WRIT PETITION NO. 2541 OF 2019
                                    WITH
                        WRIT PETITION NO. 2541 OF 2019

                            USHA NARAYAN UTEKAR
                                      VERSUS
                BHARAT PETROLEUM CORPORATION AND ORS
                                         ...
         Advocate for Petitioner : Mr. Siddharth R. Karpe (through V.C.)
     Advocate for Respondent nos. 1 to 3 : Mr. Shivprasad Ramchandra Page
                                   (through V.C.)
                                         ...
                       CORAM                 : SHAILESH P. BRAHME, J.

                        DATE                : 28.09.2026


PER COURT :

        INTERIM APPLICATION NO. 10153 OF 2024 :

         Heard.

2.      The applicant seeks to condone delay in setting aside abatement and
bringing legal heirs of sole petitioner/applicant on record.

3.      There is no serious dispute to allow the application. The cause of
action survives as against heirs of the applicant.

4.      The delay stands condoned, abatement is set aside. Leave is granted
to bring heirs of applicant on record. The amendment shall be carried out
within one week.

        WRIT PETITION NO. 2541 OF 2019 :
5.      My attention is adverted to earlier order passed on 18.06.2024 and

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                                                          136 WP 2541 OF 2019.odt

21.06.2024. The learned advocate for the petitioner has fairly submitted
that he wants time to take instructions from the heirs of the deceased
petitioner regarding time required for vacating the premises.

6.      List the matter on 15.10.2026, in urgent order category.



                                       ( SHAILESH P. BRAHME, J.)




mkd/-




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