Bombay High Court

BABU DATTU GURAV(DECEASED)versusGANAPATI BHAU GURAV(DECEASED)

Disposal: Disposed Off
Bench: VRUSHALI V JOSHI

Holding

The court condoned the delay and set aside the abatement, allowing the applicants to be recorded as legal heirs of the deceased appellant.

Summary

The applicants, claiming to be the legal heirs of the deceased sole appellant Anil Babu Gurav, filed an interim application seeking to set aside a prior abatement and to condone a delay of one year and 181 days in filing the application. They argued that the appellant's death during the COVID period prevented them from knowing about the pending proceedings, justifying the delay. The respondents opposed, contending that the delay was not satisfactorily explained. The court, after hearing counsel, found the explanation sufficient, condoned the delay, set aside the abatement, and ordered that the applicants be entered as legal heirs. The court also directed the parties to amend the records within two weeks.

Issues considered

Whether a delay of one year and 181 days in filing an application to set aside abatement can be condoned.
Whether the abatement should be set aside on the basis of the explained delay.
Whether the applicants can be recognized as the legal heirs of the deceased appellant.

Subjects

abatement
condonation of delay
legal heirs
interim application
civil procedure

Judgment

                                                                     49 - SA - 907 - 2017 (C).docx


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

                                     SECOND APPEAL NO.907 OF 2017

                      Babu Dattu Gurav
VAIBHAV
RAMESH
JADHAV
                      Since Deceased Through L.R.
Digitally signed by
VAIBHAV RAMESH
JADHAV
                      Anil Babu Gurav                            … Appellant
Date: 2026.03.24
16:56:09 +0530
                                 V/s.
                      Ganapati Bhau Gurav
                      Since Deceased Through L. Rs. & Ors.       … Respondents

                                                  WITH
                                 INTERIM APPLICATION NO.12771 OF 2023
                                                  WITH
                                   CIVIL APPLICATION NO.1937 OF 2017
                                                   IN
                                     SECOND APPEAL NO.907 OF 2017

                      Babu Dattu Gurav
                      Since Deceased Through L.R.
                      Anil Babu Gurav
                      Since Deceased Through L.R.
                      Uma Anil Gurav                             … Applicants
                                 V/s.
                      Ganapati Bhau Gurav
                      Since Deceased Through L. Rs. & Ors.       … Respondents



                      Mr. Sagar A. Mane for the appellant.
                      Mr. Soham Powar i/by Anand Patil for respondent
                      Nos.1A to 1D and 2A to 2B.



                                              CORAM : MRS. VRUSHALI V. JOSHI, J.

                                              DATED       : MARCH 24, 2026




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                                                  49 - SA - 907 - 2017 (C).docx


P.C.:

INTERIM APPLICATION NO.12771 OF 2023

1.      The applicants have filed the present application to bring
themselves on record as the legal heirs of deceased sole appellant
– Anil Babu Gurav, along with a prayer for setting aside the
abatement and for condonation of delay in doing so. There is a
delay of 1 year and 181 days in filing the present application. It is
submitted that the appellant expired during the COVID period and
the legal heirs were not aware of the pendency of the proceedings;
hence, the delay.

2.      Learned counsel for the respondents has opposed the
application for setting aside the abatement on the ground that the
delay is not satisfactorily explained.

3.      I have heard learned counsel appearing for the respective
parties.

4.      For the reasons stated in the application, the delay of 1 year
and 181 days is condoned. The abatement is set aside. The
applicants are permitted to be brought on record as legal heirs of
the deceased sole appellant.

5.      Necessary amendment be carried out within a period of two
weeks from today.

6.      The applicants shall supply a fresh amended copy to the
respondents.




                                   2
                                               49 - SA - 907 - 2017 (C).docx


SECOND APPEAL NO.907 OF 2017

7.      Issue notice to the respondents, returnable on 30th April
2026.


                                (MRS. VRUSHALI V. JOSHI, J.)




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