Bombay High Court
NARENDRA PARSHURAM KADAM AND ANR.versusDATTATRAYA @ VASANT RAMCHANDRA PARKAR (DEC.) THR. SUNIL DATTATRAY PARKAR and ORS
- Disposal
- Allowed
Holding
The court allowed the interim application, condoned the delay, permitted the addition of the deceased petitioner’s legal heirs, and granted permission to amend the petition within two weeks.
Summary
The applicants in a civil revision sought to bring the legal heirs of a deceased petitioner onto the record, condone a 22‑day delay in filing the interim application, set aside any abatement order, and obtain permission to amend the petition. The respondent’s counsel was served with the application but neither appeared in court nor filed a reply. The court accepted the unchallenged explanation for the delay and therefore condoned it. It allowed the addition of the deceased petitioner’s legal representatives and granted two weeks to file the amendment. Consequently, the interim application was allowed.
Issues considered
- Whether a delay of 22 days in filing the interim application can be condoned.
- Whether the legal heirs of a deceased petitioner may be added to the civil revision proceedings.
- Whether an abatement order, if any, can be set aside.
- Whether amendment of the revision petition is permissible after condonation of delay.
Subjects
- interim application
- condonation of delay
- legal heirs
- civil revision
- abatement order
- amendment
Judgment
28-IA-13539-2023 (C).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 13539 OF 2023
IN
CIVIL REVISION APPLICATION NO. 132 OF 2008
Narendra Parshuram Kadam And Anr. … Applicants
In the matter between :-
Shri Shivaji Govindrav Kadam (Deceased) Through … Applicants
Legal Heirs
1A. Smt. Indumati Shivajirao Kadam (Deceased)
1B. Srikant Shivajirao Kadam & Ors.
Versus
Shri Dattatraya @ Vasant Ramchandra Parkar … Respondents
(Since deceased) Through LRs
1A Sunil Dattatray Parkar & Ors
——————
Ms. Gunjan Prafulla Shah (Through V.C.) i/b. Mr. Kayval P. Shah for the
Applicants.
None for the Respondents.
——————
Coram : ASHWIN D. BHOBE, J.
Date : 16th September 2026.
PER COURT :
1. Heard Ms. Gunjan Shah, learned Advocate for the Applicants.
2. By this Application, the Applicants have sought for the following
substantive reliefs :
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28-IA-13539-2023 (C).docx
“(a) That this Hon'ble Court may be pleased to allow the
Applicants to bring the legal heirs of deceased Petitioner No.
2 on record in the present civil revision application;
(b) Delay of 3 months 6 days caused in filing the present
Application be condoned;
(c) Abatement order, if any, against Petitioner No. 1 may be set
aside,
(d) Consequential Amendments to this effect may be allowed;
(e) For such further and other reliefs as the nature and
circumstances of the case may require.”
3. Ms. Gunjan Shah, learned Advocate for the Applicants, states that a
copy of this Application was served on the Advocate appearing for the
Respondents. When this Application was called out, neither the Respondents
nor the Advocate for the Respondents are present either physically in the
Court or through V.C. mode.
4. In view of the statement made by Ms. Gunjan Shah, learned Advocate
for the Applicants that the Advocate for the Respondents is served with this
Application, this Application is taken up for hearing.
5. Ms. Gunjan Shah, learned Advocate for the Applicants states that the
Applicant No.2 expired on 22 nd February 2023, whereas this Application was
filed on 20th June 2023 with a delay of 22 days. She submits that the
Applicants have explained the delay in paragraph No.5 of the Application.
6. Ms. Gunjan Shah, learned Advocate for the Applicants states that
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28-IA-13539-2023 (C).docx
despite being served with this Application, no reply has been filed by the
Respondents.
7. In view of the statements made by Ms. Gunjan Shah, learned Advocate
for the Applicants and the unrebutted statements in this Application, the
explanation given by the Applicants is accepted. Consequently, this
Application is allowed. The delay of 22 days in filing of this Application is
condoned. The Applicants are permitted to bring the legal representatives of
the deceased Applicant No.2 on record.
8. Ms. Gunjan Shah, learned Advocate for the Applicants seeks permission
to carry out the amendment within two weeks. Time granted. Amendment to
be carried out within two weeks.
9. Interim Application No. 13539 of 2023 is allowed.
[ ASHWIN D. BHOBE, J. ]
Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.09.16
19:44:24
+0530
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