Bombay High Court

CHITRALEKHA TUKARAM KAMBLEversusSHRI. BHASKAR TUKARAM KAMBLE AND ORS

Disposal: Allowed

Holding

The Court allowed the interim applications, confirming valid service, condoning delay, setting aside abatement where appropriate, and ordering notice to the remaining heir.

Summary

The Court examined several interim applications filed in Writ Petition No. 7335 of 2011. It held that effective service of notice was made on respondents No. 4 and 7 under Order V Rule 17 of the Code of Civil Procedure, obviating the need for substituted service. The Court also found valid service on the heirs of respondent No. 6, condoned the delay in filing the application, set aside the abatement, and allowed the heirs to be brought on record. It noted that respondent No. 2 has no surviving heirs, so the matter remains abated against him. Finally, the Court directed that notice be issued to the heirs of respondent No. 1, returnable on 08.10.2026. All interim applications were disposed of accordingly.

Issues considered

Whether service of notice on respondents No. 4 and 7 complies with Order V Rule 17 of the CPC
Whether substituted service under Order V Rule 20 is required
Validity of service on the heirs of respondent No. 6
Whether the delay in setting aside abatement can be condoned
Whether the abatement against respondent No. 2 should stand

Legislation cited

Code of Civil Procedure — s. Order V Rule 17, Order V Rule 20

Subjects

service of notice
condonation of delay
abatement
heirs
interim application
civil procedure

Judgment

                                                              68 IA 11458 26+.odt

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

               68 INTERIM APPLICATION NO. 11458 OF 2025
                                  IN
                    WRIT PETITION NO. 7335 OF 2011
                                WITH
                INTERIM APPLICATION NO. 11457 OF 2025
                                  IN
                    WRIT PETITION NO. 7335 OF 2011
                                WITH
                INTERIM APPLICATION NO. 11456 OF 2025
                                  IN
                    WRIT PETITION NO. 7335 OF 2011
                                WITH
              INTERIM APPLICATION (ST) NO. 27233 OF 2018
                                  IN
                    WRIT PETITION NO. 7335 OF 2011

                  CHITRALEKHA TUKARAM KAMBLE
                            VERSUS
               BHASKAR TUKARAM KAMBLE AND OTHERS

                                   ...
Advocate for Applicant : Mr. Rugwed R. Kinkar i/by Mr. Drupad Sopan Patil
                                   ...

                     CORAM                :   SHAILESH P. BRAHME, J.

                     DATE                 : 27.08.2026


PER COURT :

       INTERIM APPLICATION NO. 11458 OF 2025 :

1.    There is effective service upon respondent nos. 4 & 7 as per Order V
Rule 17 of the Code of Civil Procedure.       There is no need to resort to
substituted mode of service as contemplated under Order V Rule 20 of the
Code of Civil Procedure, as against those persons.

2.    For the reasons stated in the application, it stands allowed in terms of

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                                                                68 IA 11458 26+.odt

prayer clauses ‘A’, ‘B’, ‘C’ & ‘D’.

3.      Interim Application is disposed of.

INTERIM APPLICATION NO. 11457 OF 2025

4.      There is valid service upon the heirs of respondent no. 6.

5.      The applicant seeks to condone delay in setting aside abatement and
bringing legal heirs of deceased respondent no. 6 on record.

6.      The cause of action survives as against the heirs of respondent no. 6.
No oblique motive can be inferred for causing delay in filing application
belatedly. For the reasons stated in the application, delay stands condoned.
Abatement is set aside. Heirs of deceased respondent no. 6 are permitted to
be brought on record.

7.      Interim Application is disposed of.

INTERIM APPLICATION NO. 11456/2025

8.      It is reported that respondent no. 2 is not survived by any heirs.
Matter stands abated against him.

INTERIM APPLICATION (ST) NO. 27233 OF 2018

9.      Issue notice to heirs of respondent no.1, returnable on 08.10.2026.



                                        ( SHAILESH P. BRAHME, J.)




mkd/-




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