Bombay High Court
KUMAR LAXMANRAO SHINDEversusSMT. RADHABAI VITHAL WAIKAR DECEASED POWER OF ATTORNEY HOLDER SHRI PRAKASH ANANT VALAME
- Decided
- Disposal
- Disposed Off
Holding
The court condoned the delay and allowed the society to be impleaded as respondent.
Summary
The applicant filed an interim application to bring the legal representatives of the deceased respondent on record after a delay of 19 years and 4 months. The cooperative housing society, which had acquired the suit property, sought to be impleaded as respondent. The court examined whether such a long delay could be condoned and whether the society could be added as a party. It held that the delay, though substantial, could be condoned to allow the appeal to be heard on its merits. Consequently, the legal heirs of the deceased were permitted to be brought on record and the society was directed to be impleaded as Respondent No. 2. The appeal was then listed for a final hearing on 18 September 2026.
Issues considered
- Whether a delay of 19 years and 4 months in filing an application to bring legal representatives of a deceased party can be condoned.
- Whether a cooperative housing society that has acquired the suit property can be impleaded as a respondent in the appeal.
Subjects
- interim application
- condonation of delay
- impleadment
- legal representatives of deceased
- cooperative housing society
- second appeal
- procedural law
Judgment
2026:BHC-AS:35617
Renuka 2-IA-142-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 142 OF 2026
WITH
INTERIM APPLICATION (ST) No.23761of 2026
IN
SECOND APPEAL NO. 529 OF 1999
WITH
SECOND APPEAL NO. 529 OF 1999
Kumar Laxmanrao Shinde ...Applicant
V/s.
Smt. Radhabai Vithal Waikar Deceased ...Respondent
Power of Attorney Holder Shri Prakash
Anant Valame
________________
Mr. Ranjit Dilip Shinde, for Applicant.
Mr. Sanjay Kshirsagar for Respondent.
Mr. Balasaheb Deshmukh (through VC) for Intervenor in IAST 2376/2026
________________
CORAM: SANDEEP V. MARNE, J.
DATED: 29 AUGUST 2026.
P.C.:
1) Interim Application No. 142 of 2026 is filed for bringing on
record legal representatives of the deceased Respondent. There is delay
of 19 years and 4 months in filing the Application. However, it appears
that the original Respondent has transferred the suit property in favour
of Ashwini Co-operative Housing Society Ltd. Accordingly, the society
has filed Interim Application No. 142 of 2026 seeking intervention in the
Appeal. Respondent No. 2 may now remain a mere formal party and the
intervener society would be the main contesting party. It appears that
Page No.1 of 2
29 August 2026
Renuka 2-IA-142-2026.docx
now the Appeal would mainly be defended by the society. In that view of
the matter, though there is substantial delay in applying for bringing on
record legal representative of the deceased Respondent, Interim
Application No. 142 of 2026 can be allowed so that the Appeal can be
heard on merits and the lis between the parties can be decided by
hearing Appellants as well as the intervenor society. For that purpose,
Intervention Application by the society also needs to be allowed.
2) Accordingly, the delay in filing Interim Application No. 142
of 2026 is condoned and the Application is allowed by permitting legal
heirs of deceased Respondent No. 2 to be brought on record.
Amendments to be carried out forthwith.
3) Interim Application is disposed of .
INTERIM APPLICATION (ST) No.23761 of 2026:-
4) Interim Application is filed by the society is also allowed and
the society is directed to be impleaded as Respondent No. 2 in the
Appeal. Amendments to be carried out forthwith.
5) Interim Application is disposed of.
SECOND APPEAL NO. 529 OF 1999:-
6) List the Second Appeal ‘for final hearing’ on 18 September
2026. Appellant to supply papers in the Appeal including the paper book
to be served on Mr. Deshmukh.
[SANDEEP V. MARNE, J.]
Signed by: Renuka S Thakur
Page No.2 of 2
Designation: PA To Honourable Judge 29 August 2026
Date: 01/09/2026 10:26:01
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