Bombay High Court

SMT. JAYWANTABAI PUNDLIK THORATversusSHRI ASHOK KHANDERAO WAGHCHAURE

Decided: 4 March 2026
Disposal: Allowed
Bench: SHARMILA U DESHMUKH

Holding

The court set aside the abatement and condoned the delay, allowing the interim application.

Summary

The applicants filed Interim Application No. 1598/2026 seeking to bring the legal heirs of a deceased respondent on record, set aside a prior abatement, and obtain condonation of delay. The court noted that in the related Second Appeal No. 131/2020 the legal heirs had already been brought on record and appearances were made. Accordingly, the court allowed the interim application, set aside the abatement, and condoned the delay, directing that the necessary amendment be effected within two weeks. Verification was dispensed with, and the interim application was disposed of. The matter was listed for further hearing of the second appeal and pending applications on 26 March 2026.

Issues considered

Whether the abatement can be set aside and the delay condoned for bringing the legal heirs of the deceased on record

Subjects

interim application
legal heirs
abatement
condonation of delay
High Court of Bombay
amendment

Judgment

                                                                 26-IA-1598-2026.doc


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CIVIL APPELLATE JURISDICTION

                          INTERIM APPLICATION NO.1598 OF 2026
                                          WITH
                             CIVIL APPLICATION NO.45 OF 2020
                                            IN
                              SECOND APPEAL NO. 62 OF 2020
                                          WITH
                              SECOND APPEAL NO. 62 OF 2020

            Jaywantabi Pundlik Thorat & Ors.                     … Applicants/
                                                                   Appellants
                 Versus
            Ashok Khanderao Waghchaure & Ors.                    ...Respondents

                                         WITH
                            SECOND APPEAL NO. 131 OF 2020
                                         WITH
                           CIVIL APPLICATION NO.119 OF 2020
                                          IN
                            SECOND APPEAL NO. 131 OF 2020

            Popat Savaliram Thorat
            (Since deceased through Legal Heirs)                 … Applicants/
            1-A to 1-D & Ors.                                      Appellants
                 Versus
            Ashok Khanderao Waghchaure & Ors.                    ...Respondents
                                          ——————
            Ms. Rukmini Khairnar i/b Mr. P. N. Joshi for the Applicants in
            IA/1598/2026 / Appellants in SA/62/2020

            Mr. Pandit Kasar for the Appellant in SA/131/2020
                                          ——————
                                       CORAM : SHARMILA U. DESHMUKH, J.
                                    DATE       : MARCH 4, 2026


SQ Pathan                                                                       1/2
                                                                     26-IA-1598-2026.doc




            P. C. :

            1.        The Interim Application No. 1598/2026 has been preferred for

            bringing on record the legal heirs of the deceased-Respondent No.1

            and for setting aside abatement and condoning the delay.

            2.        This Court is informed that in the connected Second Appeal No.

            131/2020, the legal heirs of the original PlaintiA have already been

            brought on record and appearance has been caused on behalf of the

            legal heirs.

            3.        In view thereof, the Interim Application No. 1598/2026 is

            allowed. The abatement is set-aside and the delay stands condoned.

            Amendment to be carried out within a period of two weeks.               Re-

            veriBcation dispensed with.

            4.        Interim Application No. 1598/2026 is disposed of.

            5.        List the Second Appeal and the pending Applications for

            admission on 26th March 2026.



                                                   [SHARMILA U. DESHMUKH, J.]




SQ Pathan                                                                           2/2

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