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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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