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Bombay High Court

VASANTRAO DADU PATIL AND ANR.versusBABASAHEB PANDURANG PATIL AND ORS.

Disposal
Disposed Off

Holding

The delay in setting aside the abatement is condoned and the abatement is set aside, allowing the heirs to be brought on record.

Summary

The applicants, Vasantrao Dadu Patil and another, filed an interim application seeking condonation of delay in setting aside an abatement and to bring the legal heirs of petitioner No.2, Dattatraya Dadu Patil, on record. The court examined whether the delay was intentional and whether the cause of action survived against the deceased petitioner. It found that the cause of action did survive and the delay was not intentional. Accordingly, the court held that the delay could be condoned. The application was allowed, the abatement was set aside, and leave was granted to record the heirs.

Issues considered

  • Whether the delay in filing the application to set aside the abatement can be condoned
  • Whether the legal heirs of the deceased petitioner can be brought on record

Subjects

  • condonation of delay
  • abatement
  • succession
  • civil procedure
  • interim relief

Judgment

                                                                                     41-WP-2259-2021=.doc



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

                                              INTERIM APPLICATION NO. 1334 OF 2026
                                                               IN
          Digitally
          signed by
          UDAY
                                                 WRIT PETITION NO. 2259 OF 2021
UDAY      SHIVAJI
SHIVAJI   JAGTAP
JAGTAP    Date:
          2026.09.11   Vasantrao Dadu Patil and Anr.                               … Applicants
          18:43:57
          +0530
                                        Vs.
                       Babasaheb Pandurang Patil and Ors.                          … Respondents
                                                        ………….
                       Mr. Ritesh R. Raut for the Applicants
                                                        ………….
                                                           CORAM : SHAILESH P. BRAHME, J.

                                                           DATE       : 10th SEPTEMBER, 2026.
                       P. C. :

                       .         The applicants seek to condone the delay in setting aside

                       abatement and bringing the legal heirs of petitioner no.2 – Dattatraya

                       Dadu Patil on record.

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

                       no.2. The delay cannot be said to be intentional.

                       3.        For the reasons stated in the application, the application is allowed.

                       The delay stands condoned, abatement is set aside and leave is granted to

                       bring the heirs on record.


                                                                       ( SHAILESH P. BRAHME, J. )




                       Uday S. Jagtap                        1 of 1


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