Bombay High Court

RATNAKALA ASHOK KATKAM SINCE DECEASED THR. LRS. ASHOK KATKAM AND ORS.versusTHE STATE OF MAHARASHTRA AND ORS.

Disposal: Allowed

Holding

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

Summary

The petitioners, legal heirs of the deceased Ratnakala Ashok Katkam, filed a writ petition seeking the condonation of delay in applying to set aside an abatement order and to have the heirs placed on the court record. The State of Maharashtra opposed the application, arguing that the delay was unjustified. The Court examined whether the delay was attributable to mala fides and whether the cause of action survived against the heirs. Finding no evidence of mala fides and concluding that the cause of action persisted, the Court condoned the delay. Consequently, the abatement order was set aside and the petitioners were allowed to bring the legal heirs on 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
Whether the legal heirs of the deceased can be placed on the court record

Subjects

condonation of delay
abatement
legal heirs
writ petition
civil appellate jurisdiction
High Court of Bombay

Judgment

                                                             76 IA 1188 OF 2026.odt

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

                 76 INTERIM APPLICATION NO. 1188 OF 2026
                                   IN
                      WRIT PETITION NO. 7881 OF 2016

     RATNAKALA ASHOK KATKAM SINCE DECEASED THR. LRS. ASHOK
                           KATKAM AND ORS.
                                VERSUS
              THE STATE OF MAHARASHTRA AND ORS.
                                   ...
            Advocate for Applicants : Mr. Sarang S Aradhye
           A.G.P. for Respondent/State : Mr. P. V. Nelson Rajan

                       CORAM                  :   SHAILESH P. BRAHME, J.

                       DATE                   : 27.08.2026


PER COURT :

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

2.      The cause of action survives as against the heirs of the applicant. No
mala fides can be inferred for causing delay. The delay stands condoned.
Abatement is set aside. Heirs are permitted to brought on record.

3.      Interim Application is disposed of.



                                        ( SHAILESH P. BRAHME, J.)




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