Bombay High Court

SHIVANAND GAURISHANKAR BASWANTI SINCE DECEASED THR IS LEGAL HEIRS OMKAR SHIVANAND BASWANTI (SON)versusLAXMI VISHNU TEXTILE MILLS LTD.

Disposal: Allowed

Holding

The delay was not intentional; therefore, it was condoned and the abatement was set aside, allowing the legal heirs to be recorded.

Summary

The applicant, Omkar Shivanand Baswanti, filed an interim application seeking condonation of delay in setting aside the abatement of a writ petition filed by the deceased Shivanand Gaurishankar Baswanti and to bring the legal heirs on record. The High Court examined whether the delay was intentional and whether the abatement could be rescinded. Relying on the explanation that the delay was not intentional, the Court held that the delay could be condoned. Consequently, the abatement was set aside and leave was granted to record the legal heirs of the deceased. The application was allowed and disposed of accordingly.

Issues considered

Whether the delay in seeking condonation of abatement is intentional and therefore non‑condonable
Whether the abatement of the writ petition can be set aside
Whether the legal heirs of a deceased applicant can be brought on record after the abatement

Subjects

condonation of delay
abatement
legal heirs
civil procedure
writ petition
High Court

Judgment

                                                      30-IA-1297-2026 (C).doc




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIRCUIT BENCH AT KOLHAPUR
                        CIVIL APPELLATE JURISDICTION
                   INTERIM APPLICATION NO. 1297 OF 2026
                                    IN
                      WRIT PETITION NO. 3519 OF 2016

Shivanand Gaurishankar Baswanti Since Deceased Thr
Is Legal Heirs Omkar Shivanand Baswanti (son)                       ...Applicant
      Versus
Laxmi Vishnu Textile Mills Ltd.                                  ...Respondent

                           …..
Adv. Milind Deshpande a/w Adv. Asmita Killedar, Advocate for
Applicant.
                           …..
                                      CORAM : SHAILESH P. BRAHME, J.

                                      DATE     : 4th SEPTEMBER, 2026.

P.C. :

            By this application, the applicant seeks to condone the delay in

setting aside abatement and bringing legal heirs of sole deceased

applicant Shivanand Gaurishankar Baswanti on record.

2.          The cause of action survives as against the deceased applicant.

The delay is not intentional. For the reasons stated in the application,

the application is allowed and the delay stands condoned. The

abatement is set aside and leave is granted to bring legal heirs of

deceased applicant on record. Accordingly, the application is disposed

of.

                                                [ SHAILESH P. BRAHME, J.]


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