Bombay High Court

SUBHASH VISHWANATH SONAWANEversusVISHWANATH DADA SONAWANE DECEASED

Decided: 8 April 2026
Disposal: Allowed
Bench: GAURI GODSE

Holding

The court condoned the delay, set aside any abatement, and permitted the amendment to record the heirs of deceased respondent No.3.

Summary

The applicants filed an interim application seeking to record the names of the heirs and legal representatives of deceased respondent No.3 in Civil Application No. 1396 of 2017. The court noted that notice had been served on the proposed respondents but none appeared. After reviewing the application, the court condoned the delay in filing, set aside any abatement that might have arisen, and allowed the amendment to include the heirs' names. The order directed that the amendment be effected within three weeks. Consequently, the applicants were granted permission to bring the heirs' details on record, and the application was allowed.

Issues considered

Whether the delay in filing the interim application can be condoned.
Whether any abatement of the proceeding should stand.
Whether the applicants may be permitted to amend the civil suit to record the heirs of the deceased respondent.

Subjects

interim application
delay condonation
abatement
amendment
heirs
civil procedure

Judgment

2026:BHC-AS:16862

                                                              25-IA-16304-2023.docx


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CIVIL APPELLATE JURISDICTION
                        INTERIM APPLICATION NO. 16304 OF 2023
   Swapnil
                                              IN
                          SECOND APPEAL (ST) NO. 32602 OF 2016
               Subhash Vishwanath Sonawane
               and Ors.                                  …    Applicants
                    Vs.
               Vishwanath Dada Sonawane
               (Deceased) and Ors.                       …    Respondents


               Ms. Divya Parab i/b. Mr. Rameshwar N. Gite for the
               applicants.
               Mr. Girish Agrawal a/w. Ms. Chitra Darekar for respondent
               no.10.

                                       CORAM : GAURI GODSE, J.

                                       DATE :       8th APRIL 2026

               ORDER :


               1.      This application is for bringing on record the names of

               the heirs and legal representatives of deceased respondent

               no.3.


               2.      Office remark shows that the notice is served upon the

               proposed respondents. Though served, none appears for the

               proposed respondents.



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                                                25-IA-16304-2023.docx


3.    I have perused the application. In the facts and

circumstances of the case and for the reasons stated in the

application, delay is condoned and the application is allowed

by passing following order :-


                           ORDER


1.   Delay is condoned.


2.   The abatement, if any, is set aside.


3.   The applicants are permitted to bring on record the

names of the heirs and legal representatives of deceased

respondent no.3 in Civil Application No. 1396 of 2017.


4.    Amendment to be carried out within three weeks.




                                            [GAURI GODSE, J.]




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