Bombay High Court

MALHAR MORESHWAR KULKARNI DEAD THR. LRS.MEDHA MALHAR BEDAGKAR AND ORS.versusMARUTI BAPU KHARAT DEAD THR. LRS. NARAYAN MARUTI KHARAT AND ORS.

Disposal: Disposed Off

Holding

The court condoned the delay, restored the interim applications, and ordered notice to the respondents' legal heirs.

Summary

The petitioners, heirs of the deceased Malhar Kulkarni, filed interim applications in 2026 seeking restoration of earlier 2016 interim applications and the inclusion of legal heirs of the deceased respondents, Maruti Kharat, on the record. The court examined whether the delay in filing the restoration applications could be condoned and whether the legal heirs could be brought onto the proceedings. Relying on procedural principles, the court held that the delay was condonable and restored the applications to their original position. It then ordered that notices be issued to the proposed legal heirs of the respondents, with a return date of 15 September 2026. The interim applications were subsequently disposed of.

Issues considered

Whether the delay in filing the 2026 interim applications for restoration can be condoned under procedural law
Whether legal heirs of the deceased respondents can be brought on record in the pending proceedings

Subjects

interim application
restoration
legal heirs
condonation of delay
civil procedure

Judgment

                                                        64 IA 1154 OF 2026.odt

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

                64 INTERIM APPLICATION NO. 1154 OF 2026
                                   IN
                 INTERIM APPLICATION NO. 1688 OF 2016
                                   IN
                     WRIT PETITION NO. 4162 OF 2003
                                   …
                64 INTERIM APPLICATION NO. 1155 OF 2026
                                   IN
                   CIVIL APPLICATION NO. 1690 OF 2016
                                   IN
                     WRIT PETITION NO. 4162 OF 2003
                                   …
                64 INTERIM APPLICATION NO. 1156 OF 2026
                                   IN
                   CIVIL APPLICATION NO. 1689 OF 2016
                                   IN
                     WRIT PETITION NO. 4162 OF 2003
                                   …
                64 INTERIM APPLICATION NO. 1157 OF 2026
                                   IN
                   CIVIL APPLICATION NO. 1687 OF 2016
                                   IN
                     WRIT PETITION NO. 4162 OF 2003
                                     ...
  MALHAR MORESHWAR KULKARNI DEAD THR. LRS.MEDHA MALHAR
                          BEDAGKAR AND ORS.
                                  VERSUS
MARUTI BAPU KHARAT DEAD THR. LRS. NARAYAN MARUTI KHARAT AND
                                   ORS.
                                     ...
Advocate for Applicant : Mr. Giridhar S. Koli i/by Adv. Gajanan M Savagave
                                     ...
                    CORAM                 : SHAILESH P. BRAHME, J.

                    DATE                : 17.08.2026


PER COURT :

INTERIM APPLICATION NOS. 1154 OF 2026, 1155 OF 2026, 1156 OF 2026
                AND 1157 OF 2026 FOR RESTORATION :



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                                                             64 IA 1154 OF 2026.odt

        For the reasons stated in the applications, the delay stands condoned
and the applications stands restored to its original position.

2.      The Interim Applications are disposed of.

        INTERIM APPLICATION NOS. 1688 OF 2016, 1690 OF 2016, 1689 OF
2016 & 1687 OF 2016 FOR BRINGING LEGAL HEIRS ON RECORD

3.      Issue notice to the proposed legal heirs of deceased respondents in
respective matters, returnable on 15.09.2026.



                                       ( SHAILESH P. BRAHME, J.)




mkd/-




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