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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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