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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