Bombay High Court

MS. SUPNEKAR ALPOPAHAR A PROPRIETOR CONCERN REPRESENTED NITIN NARAYAN SUPNEKAR THR. LRS.versusNEW SUPNEKAR THR. ITS PROPRIETOR SALIM NISAR SHAIKH

Disposal: Allowed

Holding

The Court condoned the delay, set aside the abatement, and permitted the petitioners to bring the legal heirs on record.

Summary

The petitioners, Ms. Supnekar Alpopahar, a proprietor, applied for an interim order seeking condonation of delay in setting aside an abatement and to bring the legal heirs of the sole petitioner on record. The respondents, New Supnekar represented by Salim Nisar Shaikh, opposed the application. The Court examined whether the delay in filing the application could be condoned and whether the abatement could be set aside to allow the heirs to be parties. Relying on principles of equity and procedural law, the Court found that the reasons for delay were satisfactory. Consequently, the Court condoned the delay, set aside the abatement, and granted leave to bring the heirs on record. The order was pronounced by Justice Shailesh P. Brahme on 25 August 2026.

Issues considered

Whether the delay in filing the application for setting aside abatement can be condoned
Whether the abatement should be set aside and the legal heirs be allowed to be brought on record

Subjects

condonation of delay
abatement
legal heirs
interim application
civil appellate jurisdiction

Judgment

28-11709-2025-WP=.doc

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

INTERIM APPLICATION NO. 1163 OF 2026
Digitally
IN
signed by
UDAY WRIT PETITION NO. 11709 OF 2025
UDAY SHIVAJI
SHIVAJI JAGTAP
JAGTAP Date:
2026.08.27
18:38:49
Ms. Supnekar Alpopahar, A proprietor concern … Applicants
+0530
represented by Nitin N. Supnekar, through LRs &
Ors.
Vs.
New Supnekar, through its Proprietor … Respondent
Salim Nisar Shaikh
………….
None for the applicants
………….
CORAM : SHAILESH P. BRAHME, J.

DATE : 25th AUGUST, 2026.
P. C. :

. The applicants seek condonation of delay in setting aside

abatement and bringing legal heirs of sole petitioner on record. The

cause of action survives as against the heirs of petitioner.

2. For the reasons stated in the application, the delay stands

condoned, abatement is set aside and leave is granted to bring the heirs

on record.

( SHAILESH P. BRAHME, J. )

Uday S. Jagtap 1 of 1

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