Bombay High Court

YASHWANT KRISHNA SASANE SINCE DECEASED THR. LRS. YASHODA YASHWANT SASANE AND ORS.versusTHE STATE OF MAHARASHTRA THR. MINISTER OF URBAN DEVELOPMENT AND ORS.

Disposal: Disposed Off

Holding

The interim application is allowed subject to the petitioner paying Rs.10,000 costs to the High Court Legal Services Committee.

Summary

The petitioners filed an interim application to record the legal representatives of a deceased petitioner, despite a delay in filing. The Court examined the arguments of both sides and found that a case existed to permit the application, provided the petitioner bore the costs. Consequently, the Court allowed the interim application subject to a payment of Rs.10,000 to the High Court Legal Services Committee. The order also directed that any necessary amendment be effected within four weeks from the date of the order. The decision reflects the Court's discretion to balance procedural delay against the need to ensure proper representation of a deceased party.

Issues considered

What is the appropriate discretion of the Court in allowing an interim application filed after a delay?
Should the petitioner be required to pay costs for the interim relief?

Subjects

interim application
legal representatives
delay
costs
amendment
High Court

Judgment

                                                                 7-WP-4140-17.doc


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIRCUIT BENCH AT KOLHAPUR
                      CIVIL APPELLATE JURISDICTION
                     WRIT PETITION NO. 4140 OF 2017
                                  WITH
                  INTERIM APPLICATION NO. 1197 OF 2026
   Yashwant Krishna Sasane and Ors.                 … Petitioners
         V/s.
   The State of Maharashtra and Ors.                … Respondents
                                ___________
   Adv. Akshay Kulkarni a/w A.M. Kulkarni, for the petitioner.
   Mr. N.C. Walimbe, AGP, for the respondent – State.
   Adv. Abhijit Adagale, for the respondent nos. 3 to 6 in WP No.
   4140/2017.                    ___________

                                    CORAM : RAJESH S. PATIL,
                                            &ABHAY J. MANTRI, JJ.
                                    DATE       : 24 AUGUST 2026

   P. C. :


   1.        The Interim Application No. 1197 of 2026 has been filed to

   bring on record the Legal Representatives of deceased petitioner no. 1.

   There is a delay in filing the present interim application.


   2.        We have heard learned counsel for both sides and gone through

   the contents of the interim application. A case is made out to allow the

   interim application, subject to the payment of costs.


   3.        The Interim Application stands allowed in terms of prayer

   clause (b) and (c), subject to the applicant paying costs of Rs.10,000/-

   to the Hon’ble High Court Legal Services Committee, Mumbai, Circuit

   Bench at Kolhapur.


Rushi                                 1 of 2
                                                     7-WP-4140-17.doc


   4.    Amendment to be carried out within a period of four weeks

   from today.




   [ABHAY J. MANTRI, J.]                   [RAJESH S. PATIL, J.]




Rushi                            2 of 2

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