Bombay High Court

BALASAHEB TATYASAHEB SALUNKHE PATIL SINC DECEASEDversusGANPATI NISBAT TATYASAHEB PATIL

Disposal: Allowed

Holding

The court allowed the interim applications and extended the time for amendment by three weeks.

Summary

The applicant filed interim applications to bring on record the legal heirs of deceased respondents in a second appeal. The first interim application sought to set aside a Registrar's order dated 24 June 2022 that had conditionally granted time for amendment, which the applicant failed to comply with due to the COVID‑19 pandemic, resulting in the appeal being abated against one deceased respondent. The court examined whether the applicant’s request for further time was made within the permissible period and whether the earlier order could be set aside. After hearing counsel, the judge found that a case existed to allow the applications and to extend the amendment period. Consequently, the court allowed both interim applications, extending the time for amendment by three weeks in each case.

Issues considered

Whether the interim application seeking to set aside the Registrar's order dated 24 June 2022 should be allowed.
Whether the applicant is entitled to a further extension of time to carry out the amendment to bring on record the legal heirs of the deceased respondents.
Whether the interim applications were filed within the time limits prescribed by law.

Subjects

interim application
legal heirs
amendment
civil procedure
pandemic
time extension
high court
abated appeal

Judgment

                                                       35-IA-1367-2026 (C).docx


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


              INTERIM APPLICATION NO. 1367 OF 2026
                                  IN
                  SECOND APPEAL NO. 160 OF 2012
Balasaheb Tatyasaheb Salunkhe Patil Sinc
Deceased                                   … Applicant
            V/s.
Ganpati Nisbat Tatyasaheb Patil            … Respondent
                                 WITH
                CIVIL APPLICATION NO. 1247 OF 2011
                                  IN
                  SECOND APPEAL NO. 160 OF 2012
Balasaheb Tatyasaheb Salunkhe ( Patil )
Since Deed. By His Leal Rs. Chandrakant
Balasaheb Salunkhe                         … Applicant
            V/s.
Ganpati Nisbat Tatyasaheb Patil            … Respondent
                                 WITH
         INTERIM APPLICATION (STAMP) NO. 9536 OF 2025
                                  IN
                  SECOND APPEAL NO. 160 OF 2012
Balasaheb Tatysaheb Salunkhe (patil)       … Applicant
            V/s.
Ganpati Nisbat Tatyasaheb Patil            … Respondent
                                 WITH
        INTERIM APPLICATION (STAMP) NO. 22792 OF 2024
                                  IN
                  SECOND APPEAL NO. 160 OF 2012
Balasaheb Tatyasaheb Salunkhe ( Patil )
Since Deed. By His Leal Rs. Chandrakant
Balasaheb Salunkhe                         … Applicant
            V/s.
Ganpati Nisbat Tatyasaheb Patil And Ors    … Respondents
               ________________________
Mr. Nikhil Dharmadhikari a/w. Ms. Vaishnavi Shelake,
Advocate for the Applicant.
mr. Radhali Kadam, a/w. Mr. Vaibhav Kupawade i/b. Mr.
Tejpal Ingale, Advocate for respondent nos. 1 & 5.
               _________________________

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                                                      35-IA-1367-2026 (C).docx




                             CORAM         : RAJESH S. PATIL, J.


                             DATED         : SEPTEMBER 17, 2026
P.C.:


           INTERIM APPLICATION (STAMP) NO. 9536 OF 2025


1.      This Interim Application has been filed to bring on record the

legal heirs of deceased respondent No.1.


2.      On the request made by Advocate Nikhil Dharmadhikari, time to

carry out the amendment is further extended by three weeks.


               INTERIM APPLICATION NO. 1367 OF 2026


3.      The applicant had filed Civil Application No.1508 of 2019 to

bring on record the legal heirs of deceased respondent No.6. Since the

application was filed within time, the Registrar (Judicial)-II, by order

dated 13 January 2020, allowed the application and directed the

applicant to carry out the amendment within a period of 14 days. Since

the pandemic arose in the year 2020, the applicant was not able to

carry out the amendment. However, by order dated 24 June 2022, the

Registrar (Judicial)-II granted four weeks’ time to carry out the

amendment as regards bringing on record the legal heirs of deceased

respondent No.6. However, that order was a conditional order. As the

applicant did not comply with the conditional order, the Second Appeal


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stood abated as against deceased respondent No.6.


4.       The present Interim Application seeks setting aside of the order

dated 24 June 2022 passed by the Registrar (Judicial)-II.


5.       I have heard learned counsel for both the sides and have gone

through the contents of the Interim Application. I am satisfied that a

case is made out to allow the Interim Application.


6.       The Interim Application stands allowed in terms of prayer clauses

(a) and (b).


7.       Time to carry out the amendment is further extended by three

weeks.


           INTERIM APPLICATION (STAMP) NO. 22792 OF 2024


8.       This Interim Application has been filed to bring on record the

legal heirs of deceased respondent No.6(B). The learned counsel for the

applicant submits that the Interim Application is filed within time.


9.       In view of the same, the Interim Application stands allowed in

terms of prayer clause (a).


10.      Amendment to be carried out within a period of three weeks from

today.



                                                  (RAJESH S. PATIL, J.)


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