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Bombay High Court

SUCHITRA JAGDISH NARVEKAR AND ORSversusTHE COMPETENT AUTHORITY AND SUB DIVISIONAL OFFICER KUDAL AND ORS

Disposal
Allowed

Holding

The Court held that the delay in filing the interim application is condoned, the abatement is set aside, and the petitioners may amend their pleadings within the stipulated time.

Summary

The petitioners, Suchitra Jagdish Narvekar and others, filed Writ Petition No. 1463 of 2025 against the Competent Authority and Sub‑Divisional Officer, Kudal. They subsequently moved Interim Applications No. 106 and 107 of 2026 seeking condonation of any delay, setting aside an abatement, and permission to amend their pleadings. The Bench of Justices R.G. Avachat and Ajit B. Kadethankar allowed the applications, condoned any delay, set aside the abatement, and directed the petitioners to file the necessary amendment within two weeks. The Court further ordered that the interim applications stand disposed of and listed the main petition for hearing on 20 February 2026. The order reflects the Court’s discretionary power under civil procedure to condone delay and permit amendment where justified.

Issues considered

  • What is the appropriate discretion of the Court to condone delay in filing an interim application?
  • Whether the abatement of the petition can be set aside?
  • Whether the petitioners should be permitted to amend their pleadings at this stage?

Subjects

  • interim relief
  • condonation of delay
  • abatement
  • amendment of pleadings
  • civil procedure

Judgment

                                                                                    29-107-2026-IA=.doc



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

                                          INTERIM APPLICATION NO. 107 OF 2026
                                                         WITH
          Digitally
          signed by                       INTERIM APPLICATION NO. 106 OF 2026
          UDAY
UDAY      SHIVAJI                                         IN
SHIVAJI   JAGTAP
          Date:
JAGTAP    2026.02.07
                                             WRIT PETITION NO. 1463 OF 2025
          12:51:44
          +0530
                       Suchitra Jagdish Narvekar and Ors.                       … Applicants
                                        Versus
                       The Competent Authority And Sub Divisional Officer … Respondents
                       Kudal and Ors

                                                    ………….
                       Mr. Devesh Sawant (through VC) for the Applicants.
                       Ms. T.J. Kapre, AGP for the Respondent - State.
                                                       ………….

                                                           CORAM :    R.G. AVACHAT AND
                                                                      AJIT B. KADETHANKAR, JJ.

                                                           DATE     : 6th FEBRUARY, 2026.
                       P. C. :

                       1.        For the reasons stated in the applications, the applications stand

                       allowed.

                       2.        The delay, if any, in filing this application stands condoned.

                       Abatement, if any, stands set aside.


                       3.        The Petitioner to carry out the necessary amendment within 2

                       weeks from today.




                       Uday S. Jagtap                      1 of 2
                                                            29-107-2026-IA=.doc




4.       Interim Applications stand disposed of.


5.       List the Petition on 20th February 2026.



     [AJIT B. KADETHANKAR, J. ]                     [ R.G. AVACHAT, J. ]




Uday S. Jagtap                       2 of 2


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