Bombay High Court

SHANTANU RAMCHANDRA KELKAR AND ANR.versusTHE LD. MAHARASHTRA REVENUE TRIBUNAL MUMBAI AND ORS.

Disposal: Allowed

Holding

The court held that, in the absence of intentional delay or mala‑fide, it may condone substantial delays and treat the identified respondents as legal heirs, thereby allowing the amendment of parties and setting aside any abatement.

Summary

The petitioners, Shantanu Ramchandra Kelkar and others, filed two interim applications before the Bombay High Court seeking condonation of substantial delays in amending the petition’s title clause to include legal heirs of deceased respondents. In IA No. 1356/2026, they requested the court to condone a 2,567‑day delay and to treat respondents Nos. 17‑20 as heirs of the deceased respondent No. 16, Sangeeta Sadanand Varekar. In IA No. 1358/2026, they sought condonation of an 8,231‑day delay to set aside an abatement and to recognize respondents Nos. 15 and 22 as heirs of deceased respondents Nos. 21 and 23. The court examined whether the cause of action survived against the heirs and whether the delay was intentional or mala‑fide. Finding no intention to delay and that the cause of action persisted, the court condoned the delays, treated the listed respondents as legal heirs, and set aside any abatement. Both interim applications were consequently disposed of in favour of the petitioners.

Issues considered

Whether the court may condone a delay of 2,567 days in amending the petition to include legal heirs of a deceased respondent.
Whether the court may condone a delay of 8,231 days to set aside an abatement and include legal heirs of other deceased respondents.
Whether the cause of action survives against the legal heirs of the deceased parties.

Subjects

condonation of delay
interim application
legal heirs
amendment of parties
abatement
civil procedure

Judgment

                                                    25-WP-12774-2025 (C).doc




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR

                      CIVIL APPELLATE JURISDICTION

                 INTERIM APPLICATION NO. 1356 OF 2026
                                  IN
                    WRIT PETITION NO. 12774 OF 2025

Shantanu Ramchandra Kelkar And Anr.                     ...Applicants
     Versus
The Ld. Maharashtra Revenue Tribunal Mumbai And Ors. ...Respondents


                                WITH
                 INTERIM APPLICATION NO. 1358 OF 2026
                                  IN
                    WRIT PETITION NO. 12774 OF 2025

Shantanu Ramchandra Kelkar And Anr.                     ...Applicants
     Versus
The Ld. Maharashtra Revenue Tribunal Mumbai And Ors. ...Respondents

                                   …..
Adv. Bal Patil, Advocate for Applicants/Petitioners.
Mr. J. P. Patil, AGP for Respondents-State in IA/1356/2026.
Mr. Sanjay D. Rayrikar, AGP for the Respondents-State                          in
IA/1358/2026.
                                   …..


                                    CORAM : SHAILESH P. BRAHME, J.

                                    DATE     : 9th SEPTEMBER, 2026.

P.C. :

                     INTERIM APPLICATION NO. 1356 OF 2026



          By this application, the applicants seek to condone the delay of




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2567 days and to delete the name of the respondent No.16 from the

title clause of the petition.

2.         The learned counsel for the applicants points out that the

respondent No.16 – Sangeeta Sadanand Varekar, is survived by

respondent Nos.17 to 20. As legal heirs are already on record, there is

no need to supply copies and re-issue notices to them.

3.         The cause of action survives as against the heirs of the deceased

party respondent. The delay cannot be said to be intentional.

4.         For the reasons stated in the application, the application is

allowed and the delay stands condoned. The respondent No.17 to 20

shall be treated to be legal heirs of respondent No.16. Accordingly, the

application stands disposed of.




                      INTERIM APPLICATION NO. 1358 OF 2026



5.         By this application, the applicants seek to condone the delay of

8231 days in setting aside the abatement and bringing leal heirs of

respondent Nos.21 and 23 on record. They are survived by respondent

Nos.15 and 22, proposed heirs of respondent Nos.21 and 23. The cause

of action survives as against the heirs mentioned above. They are

necessary parties. There are no mala fides on the part of the applicants.

6.         For the reasons stated in the application, the application is


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allowed and the delay stands condoned. Abatement, if any, is set aside.

The respondent Nos.15 and 22 shall be treated to be the heirs of

respondent Nos.21 and 23. Accordingly, interim application stands

disposed of.

                                           [ SHAILESH P. BRAHME, J.]




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