Bombay High Court

MR NAMDEV DHONDIRAM YADAV (SINCE DECEASED) THRU. LRS MR ARUN NAMDEV YADAVversusMR VIDYADHAR SHANKARRAO SARNAIK (DECEASED) THR. LRS. MEENA VIDYADHAR SARNAIK AND ORS

Disposal: Disposed Off
Bench: M M SATHAYE

Holding

The court condoned the delay and allowed the interim applications, permitting amendment to include the legal heirs.

Summary

The applicant, Namdev Dhondiram Yadav (deceased) represented by his son Arun Namdev Yadav, filed two interim applications (IA/14/2024 and IA/16/2024) seeking to bring on record the legal heirs of the deceased respondents Vidyadhar Shankarrao Sarnaik and Ratnakar Shankarrao Sarnaik. The applications were filed after a considerable delay of 681 and 998 days respectively, the applicant claiming that the deaths were only learned of through a letter dated 27‑06‑2023. The court examined the uncontroverted averments and the length of delay, and found sufficient cause to condone the delay. Consequently, both interim applications were allowed, permitting the applicant to amend the pleadings within four weeks to include the proposed legal heirs.

Issues considered

Whether the delay of 681 and 998 days in filing the interim applications can be condoned.
Whether the applicant may be permitted to amend the revision petition to bring on record the legal heirs of the deceased respondents.

Subjects

condonation of delay
interim application
legal heirs
civil revision
amendment of pleadings

Judgment

25-CRA-688-2016.doc

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

CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 14 OF 2024
IN
CIVIL REVISION APPLICATION NO. 688 OF 2016

Mr Namdev Dhondiram Yadav … Applicant
(Since Deceased) Thru. Lrs Mr Arun Namdev Yadav
Versus
Vidyadhar Shankarrao Sarnaik (Since Deceased) … Respondents
1.1. Meena Vidyadhar Sarnaik And Ors

ALONG WITH
INTERIM APPLICATION NO. 16 OF 2024
IN
CIVIL REVISION APPLICATION NO. 688 OF 2016

Mr Namdev Dhondiram Yadav … Applicant
(Since Deceased) Thru. Lrs Mr Arun Namdev Yadav
Versus
Vidyadhar Shankarrao Sarnaik (Since Deceased) … Respondents
1.1. Meena Vidyadhar Sarnaik And Ors

***
Mr. Manoj Mohan Gadkari (Through VC) for the Applicant.
None for the Respondents.
***
CORAM : M. M. SATHAYE, J.
DATE : 6th February 2026.
P. C. :

1. Heard learned Counsel for the Applicant.
Digitally
signed by
TALLE
2. IA/14/2024 is filed for bringing on record the legal heirs of
TALLE SHUBHAM
SHUBHAM ASHOKRAO
ASHOKRAO Date:
2026.02.07
13:10:32
Respondent No. 2 (Ratnakar Shankarrao Sarnaik)
+0530

Shubham 1
25-CRA-688-2016.doc

3. IA/16/2024 is filed for bringing on record the legal heirs of deceased
Respondent No. 1 (Vidyadhar Shankarrao Sarnaik).
4. Office note indicates that the proposed legal heirs of both Respondent
Nos. 1 and 2 are served. None appears for the proposed legal heirs. No reply
has been filed.
5. There is a delay of 681 days in filing IA/14/2024 and a delay of 998
days in filing IA/16/2024. In both applications, it is stated that the Applicants
came to know about the death of the concerned Respondents through a
common letter dated 27.06.2023 issued by the Advocate for the deceased
Respondents. Thereafter, the applications were filed in September 2023. In
essence, it is contended that the death was not within the knowledge of the
Applicants and, therefore, there is delay in filing the applications.
6. Considering the uncontroverted averments made in the applications
and the extent of delay, sufficient cause is made out.
7. Both Interim Applications are allowed. Delay is condoned. Applicants
are permitted to bring on record the proposed legal heirs of deceased
Respondent Nos. 1 and 2.
8. Amendment to be carried out within a period of four weeks from today.

[ M. M. SATHAYE, J. ]

Shubham 2

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