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Bombay High Court

SUNIL VASANT JADHAV SINCE DEC. THR. LRS. and ANR.versusMANGAL SAMBHAJI BHOSALE and ORS.

Disposal
Allowed

Holding

The Court condoned the delay and permitted the amendment of the cause title to include the legal representatives of the deceased appellant.

Summary

The Applicants filed an interim application seeking condonation of delay in filing a petition to bring the legal representatives of the deceased appellant, Sunil Vasant Jadhav, on record in First Appeal No. 354 of 2004. The application also requested permission to amend the cause title of the appeal to reflect the newly added representatives. The Respondents (Nos. 1, 2, 3, and 4) did not object to the request. The Court, noting the lack of objection and the uncontroverted nature of the statements, granted condonation of delay and allowed the amendment of the cause title. Consequently, the Applicants were permitted to bring the legal representatives on record and to amend the appeal title forthwith. The interim application was thereafter disposed.

Issues considered

  • Whether the Court may condone the delay in filing an application to bring the legal representatives of a deceased appellant on record.
  • Whether the Court may permit amendment of the cause title of an appeal to reflect the addition of such representatives.

Subjects

  • condonation of delay
  • amendment of cause title
  • legal representatives
  • interim application
  • civil appellate jurisdiction

Judgment

                                                          910-IA-1387-2026.odt


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIRCUIT BENCH AT KOLHAPUR
                   CIVIL APPELLATE JURISDICTION
               INTERIM APPLICATION NO. 1387 OF 2026
                                IN
                   FIRST APPEAL NO. 354 OF 2004
Sunil Vasant Jadhav
Since Dec. Thr. Lrs. And Anr.                            ...Applicants
        Versus
Mangal Sambhaji Bhosale and Ors.                         ...Respondents
                                  ----
Mr. Sharad Bhosale, Advocate for the Applicants.
Ms. Suvarna Yadav, Advocate for the Respondent Nos. 1, 2 and 3.
Ms. S. S. Dwivedi, Advocate for the Respondent No. 4.
                                  -------
                                CORAM : ASHWIN D. BHOBE, J.
                                 DATE : 8th October, 2026.
P.C. :


1.      Heard Mr. Sharad Bhosale, learned Advocate for the Applicants,

Ms. Suvarna Yadav, learned Advocate for the Respondent Nos. 1, 2 and

3, and Ms. S. S. Dwivedi, learned Advocate for the Respondent No. 4.


2.      By this Application, the Applicant seeks condonation of delay in

filing an Application to bring the legal representatives of the deceased

Appellant No. 1 (Sunil Vasant Jadhav) on record.


3.      The names of the legal representatives of Appellant No. 1 are

given in paragraph No. 7, which reads as follows:

           1. Sunil Vasant Jadhav         ) deceased


Arjun                               1
                                                           910-IA-1387-2026.odt


           1A. Anita Sunil Jadhav             )..Widow
           Age about 51 years,                )
           Occupation: Household,             )


           1B. Prathmesh Sunil Jadhav,        )..Son
           Age about 22 years,                )
           Occupation: Service,               )
           Both R/o: Chimangaon,              )
           Tal. Koregaon, Dist. Satara.       )



4.      The request for condonation of delay and for bringing the legal

representatives of the Appellant No. 1 on record is not objected to by

Ms. S. S. Dwivedi, learned Advocate for the Respondent No. 4 and by

Ms. Suvarna Yadav, learned Advocate for the Respondent Nos. 1, 2 and

3.



5.      In view of the no-objection and the uncontroverted statements in

this Application, this Application is allowed, by condoning the delay and

permitting the Applicants to bring the legal representatives of the

deceased Appellant No. 1 on record.



6.      Mr. Sharad Bhosale, learned Advocate for the Applicant, states

that he has the authority on behalf of the proposed legal representatives

of Appellant No. 1 (Sunil Vasant Jadhav), referred to in paragraph No.

7 of this Application, to appear in the accompanying First Appeal No.

354 of 2004. He seeks permission to carry out the amendment forthwith
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                                                                                    910-IA-1387-2026.odt


                     to amend the cause title of First Appeal No. 354 of 2004. Permission is

                     granted. The amendment be carried out forthwith.



                     7.      Interim   Application   No.   1387   of    2026   is   disposed         of.



                                                                       (ASHWIN D. BHOBE, J.)




        Digitally
        signed by
        ARJUN
ARJUN   KRISHNA
KRISHNA RODGE
RODGE   Date:
        2026.10.09
        22:04:42
        +0530




                     Arjun                             3


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