Bombay High Court
Jaysingh Bhausaheb Darvan Since Deceased Through LRsversusAshok alias Subhash Dnyandev Darvan Since Deceased Through LRs
- Disposal
- Allowed
Holding
The court allowed the interim application despite the delay, as the respondents raised no objection.
Summary
The applicants filed an interim application before the Bombay High Court seeking to record the legal heirs of Appellant No. 1A. The application was filed 43 days after the date on which it should have been presented, raising a question of procedural delay. Respondent counsel, Mr. Shubham Dhenge, appeared on behalf of several respondents and expressed no objection to the filing of the interim application. The court considered the delay in light of the respondents' lack of objection and the necessity to record the heirs. Accordingly, the court allowed the interim application in accordance with prayer clauses (b) and (c), thereby permitting the legal heirs to be placed on record.
Issues considered
- Whether an interim application filed after a 43‑day delay can be permitted in a civil appeal
- Whether the absence of objection from respondents justifies condoning the delay
Subjects
- interim application
- legal heirs
- procedural delay
- civil procedure
- high court
Judgment
17-1096-26-ia.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1096 OF 2026
IN
SECOND APPEAL NO. 744 OF 2002
Jaysingh Bhausaheb Darvan Since
Deceased Through Lrs ....Applicants
Vs.
Ashok Alias Subhash Dnyandev Darvan
Since Deceased Through Lrs ....Respondents
Mr. A. M. Kulkarni, a/w Mr. Akshay A. Kulkarni and Mr. Avesh
Ghadge, advocate for the Applicants
Mr. Shubham Dhenge i/b Mr. Ashish Pawar, Advocate for
Respondent Nos. 1B, 1C, 2A, 2C, 3A and 3B.
CORAM : RAJESH S. PATIL, J.
DATE : 20 AUGUST 2026
P. C. :
1. This Interim Application has been filed to bring on record
legal heirs of Appellant No. 1A. There is delay of 43 days in filing
the present Application.
IRESH
MASHAL
2. Mr. Shubham Dhenge appears for Respondent Nos. 1B, 1C,
Digitally signed
by IRESH
MASHAL
Date:
2026.08.20
18:36:36
2A, 2C, 3A and 3B and has no objection for allowing the present
+0530
Interim Application.
3. In view of the statement made by Mr. Dhenge, present Interim
Application stands allowed in terms of prayer clause (b) and (c).
[RAJESH S. PATIL, J.]
1 of 1
Iresh
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