Bombay High Court
MR GAJANAN SUKUR PATIL SINCE DECD THROUGH LRS SUREKHA GAJANAN PATIL AND ORSversusMR DATTATRAY SUKUR PATIL SINCE DECD THROUGH LRS AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The court condoned the delay and allowed the legal heirs of the deceased appellant to be brought on record.
Summary
The appellants, heirs of the deceased Gajanan S. Patil, filed an interim application seeking to bring additional legal heirs of the deceased appellant on record in a second appeal (Stamp) No.30376 of 2017. The application was filed 880 days after the cause of action arose, prompting the court to issue notices to the respondents, none of whom appeared. The court examined the reasons pleaded for the delay and considered the need to allow the heirs to prosecute the appeal on its merits. It held that the delay could be condoned in the interest of justice. Consequently, the court ordered that the delay be condoned, the legal heirs be permitted to be brought on record, and the necessary amendment be effected. The interim application was thereafter disposed.
Issues considered
- Whether a delay of 880 days in filing an application to bring legal heirs on record can be condoned.
Subjects
- condonation of delay
- interim application
- legal heirs
- civil appellate jurisdiction
- stamp appeal
Judgment
026:BHC-AS:1
Megha 25_ia_15681_2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.15681 OF 2024
IN
SECOND APPEAL (STAMP) NO.30376 OF 2017
Gajanan S. Patil since deceased
through LRs
1. Surekha Gajanan Patil and Ors. ...Applicants/Appellants
V/s.
Dattatray Sukur Patil since deceased
through is heirs & legal
representatives i.e. Respondent No.2, 3
and 4, 1a. Chaya Dattatraya Patil and
Ors. ...Respondents
________________
Ms. Anu C. Kaladharan h/f. Mrs. Anjali N. Helekar for the
Applicants/Appellants.
________________
CORAM: SANDEEP V. MARNE, J.
DATED: 28 AUGUST 2026.
P.C.:
1) The Application is filed for bringing on record the legal heirs of
the deceased Appellant. There is delay of 880 days in filing the
Application. This Court has issued notices to the Respondents in the
Application. Notices are duly served on Respondent Nos.1A and 2 to 6.
However, none has appeared on behalf of the Respondents.
Page No.1 of 2
28 August 2026
Megha 25_ia_15681_2024
2) Considering the reasons pleaded in the Application and for the
purpose of granting an opportunity to the legal heirs of the Appellant to
prosecute the Appeal on merits, I deem it appropriate to condone the
delay in filing the Application.
3) Accordingly, delay in filing the Application is condoned. Legal
heirs of the deceased Appellant are permitted to be brought on record.
Amendment to be carried out forthwith.
4) The Interim Application is accordingly disposed of.
[SANDEEP V. MARNE, J.]
Signed by: Megha S. Parab
Page No.2 of 2
Designation: PA To Honourable Judge 28 August 2026
Date: 29/08/2026 17:55:38
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