Bombay High Court

MAHADEV GANAPAT KADAMversusGANPAT BHAIRU KADAM (RAWALE) SINCE DECEASED THROUGH LEGAL HEIRS

Disposal: Allowed

Holding

The court held that, in view of the Supreme Court’s decision in Suo Motu Petition (C) No.3 of 2020, the interim applications were not delayed and must be allowed.

Summary

The applicant filed several interim applications to record the legal heirs of a deceased appellant (No.5) who died on 4 May 2021. The applications were filed on 25 July 2023, during the COVID period. The respondent contested the delay, but the court relied on the Supreme Court’s Suo Motu Petition (C) No.3 of 2020, which holds that no delay can be imputed for filings made during the pandemic. Consequently, the court found no merit in the objection to the timing of the applications. The interim applications were therefore allowed, with a direction that any necessary amendment be completed within three weeks of the order.

Issues considered

Whether the filing of interim applications on 25 July 2023, after the death of appellant No.5 on 4 May 2021, constitutes an impermissible delay.
Whether the Supreme Court’s judgment in Suo Motu Petition (C) No.3 of 2020 shields such filings from being considered delayed due to the COVID pandemic.

Subjects

interim application
legal heirs
COVID-19 pandemic
delay
Supreme Court precedent
amendment

Judgment

                                                                  35-IA-13956-2023.doc


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIRCUIT BENCH AT KOLHAPUR
                                     CIVIL APPELLATE JURISDICTION
                                INTERIM APPLICATION NO. 13956 OF 2023
                                                  IN
                                    SECOND APPEAL NO. 427 OF 2016
                   Mahadev Ganapat Kadam                              …Applicant
                        Vs
                   Ganpat Bhairu Kadam (Rawale) Since
                   Deceased Through Legal Heirs                   …Respondent

                                               WITH
                               INTERIM APPLICATION NO. 13390 OF 2024
                                                IN
                                   SECOND APPEAL NO. 555 OF 2016
                                               WITH
                               INTERIM APPLICATION NO. 17637 OF 2022
                                                IN
                                   SECOND APPEAL NO. 427 OF 2016
                   Mahadev Ganapat Kadam                              …Applicant
                        Vs
                   Ganuji Bhairu Kadam Rawale                     …Respondent

                                               WITH
                               INTERIM APPLICATION NO. 14342 OF 2023
IRESH
                                                IN
MASHAL
                                   SECOND APPEAL NO. 720 OF 2016
Digitally signed
by IRESH
MASHAL
                   Ganpat Bhairu Kadam (Rawale) Since Deceased
Date:
2026.09.11
19:12:30
+0530
                   Throuhgh His Legal Heirs Mahadev Ganpat Kadam  …Applicant
                        Vs
                   Gunaji Bhairu Kadam (Rawale)                  …Respondent

                   Mr. Poras Shah, advocate for the Applicant
                                       CORAM : RAJESH S. PATIL, J.
                                       DATE     : 11 SEPTEMBER 2026
                   P. C. :


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                                                     35-IA-13956-2023.doc


INTERIM       APPLICATION     NO.      13956   OF   2023,    INTERIM
APPLICATION NO. 14342 OF 2023 AND INTERIM APPLICATION
NO. 13390 OF 2024


1.      These Interim Applications have been filed to bring on record

legal heirs of deceased Appellant No.5. It is submitted by learned

counsel for the Applicant that Appellant No.5 died on 4 May 2021.

Immediately thereafter, Interim Application has been filed on

25 July 2023. Both dates are during the covid period.

2.      In view of the Judgment of the Supreme Court in Suo Motu

Petition (C) No.3 of 2020, there is no delay in filing these Interim

Applications.

3.      In view of the same, Interim Applications stand allowed in

terms of prayer clause (b).

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

from today.


                                               (RAJESH S. PATIL, J.)




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