Bombay High Court

RAJWARDHAN JAYSINGH CHAVAN SINCE DECEASED THR. LRS. RANI RAJVARDHAN CHAVAN AND ORS.versusVASANTDADA SHETKARI SAHAKARI SAKHAR KARKHANA LTD.

Disposal: Allowed

Holding

The delay is condoned, the abatement is set aside, and leave is granted to bring the legal heirs on record.

Summary

The petitioners, legal heirs of the deceased Rajwardhan Jaysingh Chavan, filed an interim application seeking condonation of delay in setting aside an abatement order and to be allowed to bring the heirs on record. The court examined whether the delay was intentional and whether the cause of action survived against the heirs. It held that the delay was not intentional and that the cause of action did survive. Consequently, the court condoned the delay, set aside the abatement, and granted leave to the heirs to be entered on the record. The interim application was thereafter disposed of.

Issues considered

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

Subjects

condonation of delay
abatement
legal heirs
civil procedure
writ petition

Judgment

                                                             902 IA 1176 OF 2026.odt

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

                902 INTERIM APPLICATION NO. 1176 OF 2026
                                   IN
                     WRIT PETITION NO. 8114 OF 2005

  RAJWARDHAN JAYSINGH CHAVAN SINCE DECEASED THR. LRS. RANI
                    RAJVARDHAN CHAVAN AND ORS.
                                 VERSUS
     VASANTDADA SHETKARI SAHAKARI SAKHAR KARKHANA LTD.
                                     ...
 Advocate for Applicant : Mr. Neev Patil a/w Bhargavi Patil i/by Mr. Meelan
                                  Topkar
                                     ...
                     CORAM                : SHAILESH P. BRAHME, J.

                       DATE                   : 20.08.2026


PER COURT :

        The applicants seek to condone delay in setting aside abatement and
bringing legal heirs of Rajvardhan Jaysing Chavan on record.

2.      The cause of action survives as against heirs of deceased Rajvardhan.
The delay cannot be said to be intentional. For the reasons stated in the
application delay stands condoned, abatement is set aside and leave is
granted to bring legal heirs of deceased Rajvardhan on record.

3.      Interim Application is disposed of.



                                        ( SHAILESH P. BRAHME, J.)




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