Bombay High Court

PANDURANG RAMCHANDRA MANDLIK SINCE DECEASED THOR. HIS LEGAL HEIRS AN REPRESENTATIVES AND ORSversusRAMCHANDRA BHIWA GHADGE AND ORS

Disposal: Disposed Off

Holding

The delay is condonable as no mala fides is shown and the cause of action survives against the heirs.

Summary

The applicants, including Uday Shivaji Pandurang Ramchandra Mandlik, filed a writ petition seeking condonation of delay in setting aside an abatement and to bring the legal heir of applicant No.5, Balaso alias Suryakant Pundalik Mahadik, on record. The court examined whether the delay in filing the application could be condoned and whether any mala fides could be inferred against the applicants. It observed that the cause of action continues to survive against the heirs and that no mala fides was evident. Accordingly, the court condoned the delay, set aside the abatement, and granted leave to include the heir on the record. The interim application was therefore allowed.

Issues considered

Whether the delay in filing the application for condonation of delay can be condoned.
Whether the abatement can be set aside and the legal heir of applicant No.5 be brought on record.
Whether any mala fides can be inferred against the applicants.

Subjects

condonation of delay
abatement
legal heirs
civil procedure
succession

Judgment

35-IA-1181-2026=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1181 OF 2026
IN
Digitally
signed by
WRIT PETITION NO. 2004 OF 2025
UDAY
UDAY SHIVAJI
Pandurang Ramchandra Mandlik Since Deceased … Applicants
SHIVAJI JAGTAP
JAGTAP Date:
2026.08.27 Thor. His Legal Heirs An Representatives and Ors.
18:38:44
+0530
Vs.
Ramchandra Bhiwa Ghadge and Ors … Respondents
………….
Mr. Tejas Shelake a/w Sonal S. Nalawade i/b P.D. Dalvi 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 applicant no.5 – Balaso alias

Suryakatn Pundalik Mahadik on record.

2. The cause of action survives as against the heirs. No mala fides

can be inferred on the part of the applicants in preferring the application

belatedly.

3. For the reasons stated in the application, the delay stand

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

applicant no.5 on record.

( SHAILESH P. BRAHME, J. )

Uday S. Jagtap 1 of 1

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