Bombay High Court

P. J. AND SONS THROUGH ITS KARTA PARTIOSH PRITHVIRAJ OSWALversusM/S. RISHABH SHARE DEAL PVT. LTD. THROUGH ITS MANAGING DIRECTOR ASHISH MADAM MUTHA AND ORS.

Disposal: Allowed

Holding

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

Summary

The applicant, P.J. and Sons, sought condonation of a delay of one year and 34 days in filing an application to set aside an abatement and to bring the heirs of respondent No.2 on record. The court noted that although the heirs were served, none appeared, and the applicant's averments were uncontroverted. No oblique motive was inferred against the applicant for the belated filing, and the cause of action remained viable against the heirs. Consequently, the court condoned the delay, set aside the abatement, and granted leave to bring the heirs on record. Both parties were also permitted to amend their pleadings.

Issues considered

Whether the delay of one year and 34 days in filing the application can be condoned
Whether the abatement should be set aside
Whether the heirs of respondent No.2 can be brought on record

Subjects

condonation of delay
abatement
heirs
civil procedure
amendment of pleadings

Judgment

                                                          104 FA 1102 OF 2024.odt

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

                 104 INTERIM APPLICATION NO. 12222 OF 2024
                                    IN
                       FIRST APPEAL NO. 1102 OF 2024

     P. J. AND SONS THROUGH ITS KARTA PARTIOSH PRITHVIRAJ OSWAL
                                VERSUS
        M/S. RISHABH SHARE DEAL PVT. LTD. THROUGH ITS MANAGING
                          DIRECTOR AND ORS.
                                  ...
                             None Present
                                  ...
                      CORAM            : SHAILESH P. BRAHME, J.
                       DATE                : 28.09.2026

PER COURT :

        Heard.

2.      The applicant seeks to condone delay of one year and 34 days in
preferring application for setting aside abatement and bringing heirs of
respondent no. 2 on record.

3.      Though served, none appears for heirs of respondent no. 2.

4.      The averments of the application for condonation of delay have not
been controverted. There is no reason to infer any oblique motive on the
part of the applicant in preferring the appeal belatedly. The cause of action
survives as against heirs of respondent no. 2.

5.      The delay stands condoned, abatement is set aside. Leave is granted
to bring heirs on record. Both parties shall be at liberty to amend the memo.



                                       ( SHAILESH P. BRAHME, J.)

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