Bombay High Court
ABAJI DNYANU NIKAM DECD. THR. LHRS INDIRA ABAJI NIKAMversusSOU. JAYA VASANTRAO KSHIRSAGAR
- Disposal
- Allowed
Holding
The delay is condoned, the abatement is set aside, and leave is granted to bring the heirs on record.
Summary
The applicant filed an interim application seeking condonation of a 399‑day delay in setting aside an abatement and in bringing the heirs of a deceased applicant on record. The court examined whether the cause of action survived against the heirs and whether any mala fides existed for the delay. Finding that the cause of action did survive and that there was no mala fides, the court condoned the delay, set aside the abatement, and granted leave to the applicant to bring the heirs on record. The court also ordered that a fresh notice be reissued to the sole respondent at a new address, with a return date of 21‑Oct‑2026. Consequently, the interim relief sought by the applicant was granted.
Issues considered
- Whether a delay of 399 days in seeking condonation can be condoned
- Whether the abatement can be set aside
- Whether the heirs of the deceased applicant can be brought on record
Subjects
- condonation of delay
- abatement
- heirs
- civil procedure
- writ petition
Judgment
15-IA-1630-2022=.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1630 OF 2022
IN
WRIT PETITION NO. 4257 OF 2001
Digitally
signed by
Abaji Dnyanu Nikam Decd. Thr. Lhrs Indira Abaji … Applicant
UDAY
UDAY SHIVAJI Nikam
SHIVAJI JAGTAP
JAGTAP Date:
2026.09.24 Vs.
17:55:44
+0530
Sou. Jaya Vasantrao Kshirsagar … Respondent
………….
Mr. Viraj P. Dhumal i/b Sharad T. Bhosale for the Applicant
for the Respondent
………….
CORAM : SHAILESH P. BRAHME, J.
DATE : 23rd SEPTEMBER, 2026.
P. C. :
I. A.NO. 1630 OF 2022
. Heard.
2. The applicant seeks to condone the delay of 399 days in setting
aside abatement and bringing heirs of deceased applicant on record.
3. The cause of action survives as against the heirs of the deceased
applicant. There are no mala fides on the part of the applicant in causing
delay in taking steps.
4. The delay stands condoned, abatement is set aside and leave is
granted to bring the heirs of the deceased on record.
Uday S. Jagtap 1 of 2
15-IA-1630-2022=.doc
WRIT PETITION NO. 4257 of 2001
5. Reissue notice to the sole respondent on the fresh address to be
submitted by the applicant, returnable on 21.10.2026.
( SHAILESH P. BRAHME, J. )
Uday S. Jagtap 2 of 2
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