Bombay High Court

RAJESH ANANDRAO KAMTE AND ORS.versusPRASHANT MANOHAR LENGADE

Disposal: Allowed

Holding

The court condoned the delay and allowed the amendment to bring the legal representatives of the deceased applicant on record.

Summary

The applicants sought condonation of a four‑year‑four‑month‑nine‑day delay in filing an application to bring the legal representatives of the deceased applicant, Rajesh Anandrao Kamte, on record in a civil revision matter. The death occurred on 11 February 2022, and the need to add the representatives was only realized when the case was listed on 21 August 2026. The applicants argued that the delay was inadvertent and bona‑fide, and the respondent opposed the application. The court found no rebuttal to the applicants' factual claims and noted that the delay did not confer any advantage. Consequently, the interim application was allowed, the delay was condoned, and the legal representatives were ordered to be brought on record, with amendment to be effected within 14 days.

Issues considered

Whether a delay of over four years in filing an application to bring legal representatives on record can be condoned.
Whether the delay is bona‑fide and warrants the court's discretion to allow amendment of parties.

Subjects

condonation of delay
legal representatives
amendment of parties
civil revision
interim application
procedural law
high court

Judgment

27-IA-1547-2026 (C).docx

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

CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 1547 OF 2026
IN
CIVIL REVISION APPLICATION NO. 539 OF 2018

Rajesh Anandrao Kamte … Applicants
(Since deceased) Through LRs
a. Shri Rohan Rajesh Kamte & Ors.
Versus
Prashant Manohar Lengade … Respondent

——————
Mr. Abhijit M. Adagule for Applicants.
Mr. S.A. Rajeshirke for Respondent.
——————

Coram : ASHWIN D. BHOBE, J.

Date : 8th October 2026.

PER COURT :

1. By the present Application, the Applicant is seeking condonation of

delay of four years, four months and nine days in filing an Application to

bring on record the legal representatives of deceased Applicant No. 1 - Rajesh

Anandrao Kamte.

2. Mr. Abhijit Adagule, learned Advocate for the Applicants, states that

the Civil Revision Application was admitted on 26 th November 2018.

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27-IA-1547-2026 (C).docx

Applicant No. 1 passed away on 11th February 2022. He submits that, as the

matter was not listed, the Applicants were not following up the matter and,

as such, by inadvertence, the copy of the death certificate and information

regarding the death of Applicant No. 1 remained to be communicated to the

Advocate-on-Record. He submits that when the matter was listed before this

Circuit Bench at Kolhapur on 21st August 2026 for the first time, the parties

realised that the legal representatives of deceased Applicant No. 1 were

required to be brought on record. Accordingly, an Application was

immediately prepared and filed. He submits that, in the said process, there is

a delay of four years, four months and nine days in filing the said

Application. He submits that the said delay is inadvertent and bona fide.

3. Mr. S.A. Rajeshirke, learned Advocate for the Respondent, opposes the

said Application.

4. Perused the record with the assistance of the learned Advocates.

5. The facts stated by the Applicants in paragraphs Nos. 2 and 3 of the

Application are neither controverted nor rebutted by filing any reply.

6. Even otherwise, the Applicants who are before this Court would not

have benefited by delaying the filing of the Application for bringing the legal

representatives of deceased Applicant No. 1 on record. Applicant Nos. 2 to 4

are the other tenants who are already on record.

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27-IA-1547-2026 (C).docx

7. In view of the statements made in the Application and the submissions

of Mr. Abhijit Adagule, learned Advocate for the Applicants, the Interim

Application No. 539 of 2018 is allowed.

8. Consequently, the delay of four years, four months and nine days is

condoned. The Applicants are permitted to bring on record the legal

representatives of deceased Applicant No. 1.

9. The legal representatives, namely (a) Shri Rohan Rajesh Kamte and (b)

Shri Prasad Rajesh Kamte, be brought on record as Applicant Nos. 1(a) and

1(b), respectively.

10. Amendment be carried out within 14 days from today.

[ ASHWIN D. BHOBE, J. ]
Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.10.08
18:51:43
+0530

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