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Bombay High Court

JAGDISHDAS GURU BABUDAS PANDIT (DECD.) BY HEIRSversusKISAN CHANDRAPAL PARDESHI AND ORS.

Decided
Disposal
Allowed

Holding

The court condoned the delay and allowed the interim applications, permitting amendment within three weeks.

Summary

The Bombay High Court entertained two interim applications (Nos. 2549 and 2550 of 2026) filed by the petitioners seeking condonation of delay in filing the applications. The court observed that the respondents had been served but none appeared, and there was no opposition to the condonation. Considering the facts and circumstances, the court condoned the delay and allowed the applications in accordance with the prayer clauses. It directed that the required amendments be effected within three weeks. The order was pronounced by Justice Gauri Godse.

Issues considered

  • Whether the delay in filing the interim applications can be condoned
  • Whether the petitioners may be permitted to amend their pleadings

Subjects

  • condonation of delay
  • interim application
  • amendment of pleadings
  • civil procedure

Judgment

                                                                     69-ia-2549-2026-wp-3235-2002.doc




                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              varsha
                                        CIVIL APPELLATE JURISDICTION
                                   INTERIM APPLICATION NO. 2549 OF 2026
                                                        IN
                                        WRIT PETITION NO. 3235 OF 2002


                       Jagdishdas    Guru      Babudas        Pandit … Applicants/Petitioners
                       (deceased) by heirs
                                  vs.
                       Kisan Chandrapal Pardeshi and Ors                  … Respondents


                       Mr. Aniruddha A. Garge a/w. Yesh Gangal for the Petitioners
                       Ms. Ashwini Jadhav i/b. Mr. Jagdish G. Reddy for Respondent Nos.
                       1A to 1E, 4 and 8.
                                                     CORAM : GAURI GODSE, J.
        Digitally
        signed by
                                                      DATED : 16th SEPTEMBER 2026
        VARSHA
VARSHA VIJAY
VIJAY   RAJGURU
RAJGURU Date:
        2026.09.16
        19:18:37
        +0530

                       ORDER:

                       INTERIM APPLICATION NO. 2549 OF 2026.

                       1.    Office remark shows that respondent nos. 3(A) to 3(D) are

                       served.

                       2.    There is a delay in filing this application. The delay is

                       explained in the application. There is no opposition for condonation

                       of delay. Though served, none appears for the proposed

                       respondents.


                                                   Page no. 1 of 2
                                                69-ia-2549-2026-wp-3235-2002.doc



3.    In the facts and circumstances of the case and for the

reasons stated in the application, the delay is condoned and the

application is allowed in terms of prayer clause (a) and (b).

4.    Amendment to be carried out within three weeks.

INTERIM APPLICATION NO. 2550 OF 2026

5.    Not on board. Taken on the board.

6.    Office remark shows that respondent nos. 2(A) to 2(C) are

served.

7.    There is a delay in filing this application. The delay is

explained in the application. There is no opposition for condonation

of delay. Though served, none appears for the proposed

respondents.

8.    In the facts and circumstances of the case and for the

reasons stated in the application, the delay is condoned and the

application is allowed in terms of prayer clause (a) and (b).

9.    Amendment to be carried out within three weeks.



                                                         (GAURI GODSE, J.)




                              Page no. 2 of 2


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