Bombay High Court
DATTU MARUTI MALI(DECD. THR.LRS) MRS. SHALAN DATTATRAY MALI and ANR.versusSHANKAR KONDI SUTAR(SINCE DECD. THR. LRS) PANDIT KONDI SUTAR AND ORS
- Disposal
- Allowed
Holding
The court set aside the abatement order and permitted amendment of the appeal to include the legal heirs of the deceased respondents.
Summary
The petitioners filed a second appeal (No. 222 of 2005) which was later abated by an order dated 22 August 2019. Several interim applications were subsequently filed seeking to set aside the abatement and to record the legal heirs of deceased respondents on the pleadings. Despite significant delays ranging from 69 days to over 12 years, the court examined the applications and, noting the consent of the heirs' counsel, allowed them. The court set aside the abatement order in each case and directed that the pleadings be amended within two weeks to include the heirs. The decisions were made by Justice Rajesh S. Patil on 14 August 2026.
Issues considered
- Whether the abatement order dated 22 August 2019 can be set aside despite procedural delays.
- Whether legal heirs of deceased respondents may be added to the pleadings through interim applications.
Subjects
- abatement
- second appeal
- legal heirs
- interim application
- procedural delay
- amendment of pleadings
Judgment
24-3287-19-ia.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
INTERIM APPLICATION NO. 3287 OF 2019
IN
SECOND APPEAL NO. 222 OF 2005
Dattu Maruti Mali(decd. Thr.lrs) Mrs. Shalan Dattatray Mali And
Anr.
Vs.
Shankar Kondi Sutar(since Decd. Thr. Lrs) Pandit Kondi Sutar And
Ors
WITH
INTERIM APPLICATION NO. 3289 OF 2019
IN
SECOND APPEAL NO. 222 OF 2005
Dattu Maruti Mali(decd. Thr. lrs) Mrs. Shalan Dattatray Mali And
Anr.
Vs.
Shankar Kondi Sutar(since Decd. Thr. Lrs) Pandit Kondi Sutar And
Ors
WITH
INTERIM APPLICATION NO. 3356 OF 2019
IN
SECOND APPEAL NO. 222 OF 2005
Dattu Maruti Mali(since Decd. Thr. Lrs) Mrs. Shalan Dattatray Mali
And Anr.
Vs.
IRESH
MASHAL Shankar Kondi Sutar (since Decd. Thr. Lrs) Pandit Kondi Surat And
Ors.
Digitally
signed by
IRESH
MASHAL
Date:
2026.08.17
19:00:11
+0530 WITH
INTERIM APPLICATION (STAMP) NO. 10820 OF 2024
IN
SECOND APPEAL NO. 222 OF 2005
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Dattu Maruti Mali
Vs.
Shankar Kondi Sutar And Ors
WITH
INTERIM APPLICATION (STAMP) NO. 15590 OF 2024
IN
SECOND APPEAL NO. 222 OF 2005
Dattu Maruti Mali
Vs.
Shankar Kondi Sutar And Ors
Mr. N. J. Patil, advocate for the Applicant
Mr. Umesh Mankapure a/w Mr. Benazir Janardan, advocate for
Respondents
CORAM : RAJESH S. PATIL, J.
DATE : 14 AUGUST 2026
P. C. :
INTERIM APPLICATION NO. 3287 OF 2019:
1. This Application has been filed for setting aside the abatement
order dated 22 August 2019. There is a delay of 69 days in filing the
Application.
2. Heard learned counsel for the Applicant and I have gone
through the contents of the Interim Application.
3. For the reasons mentioned in the Application, I am satisfied
that the case is made out to allow this Interim Application.
4. Interim Application is allowed in terms of prayer clause (b).
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INTERIM APPLICATION NO. 3289 OF 2019:
5. This Application has been filed to bring on record legal heirs
of deceased Respondent No. 1 on record. There is delay of 1136
days in filing the Application.
6. Learned Advocate Mr. Mankapure appears for legal heirs of
deceased Respondent No. 1. He submits that he has no objection if
the Interim Application is allowed.
7. In view of the statement made by Mr. Mankapure, this Interim
Application is allowed in terms of prayer clauses (b) and (c).
8. Abatement of the Second Appeal is set aside.
9. Amendment to be carried out within two weeks from today.
INTERIM APPLICATION NO. 3356 OF 2019:
10. This Application has been filed to bring on record legal heirs
of deceased Respondent No. 3 on record. There is delay of 12 year
and 126 days in filing the Application.
11. Learned Advocate Mr. Mankapure appears for legal heirs of
deceased Respondent No. 3. He submits that he has no objection if
the Interim Application is allowed.
12. In view of the statement made by Mr. Mankapure, this Interim
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Application is allowed in terms of prayer clauses (b) and (c).
13. Abatement of the Second Appeal is set aside.
14. Amendment to be carried out within two weeks from today.
INTERIM APPLICATION (STAMP) NO. 10820 OF 2024:
15. This Application has been filed to bring on record legal heirs
of deceased Respondent No. 4 on record. There is delay of 2609
days in filing the Application.
16. Learned Advocate Mr. Mankapure appears for legal heirs of
deceased Respondent No. 4. He submits that he has no objection if
the Interim Application is allowed.
17. In view of the statement made by Mr. Mankapure, this Interim
Application is allowed in terms of prayer clauses (b), (c) and (d).
18. Abatement of the Second Appeal is set aside.
19. Amendment to be carried out within two weeks from today.
INTERIM APPLICATION (STAMP) NO. 15590 OF 2024:
20. This Application has been filed to bring on record legal heirs
of deceased Respondent No. 3 on record. There is delay of 6074
days in filing the Application.
21. Learned Advocate Mr. Mankapure appears for legal heirs of
deceased Respondent No. 3. He submits that he has no objection if
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the Interim Application is allowed.
22. In view of the statement made by Mr. Mankapure, this Interim
Application is allowed in terms of prayer clauses (b), (c) and (d).
23. Abatement of the Second Appeal is set aside.
24. Amendment to be carried out within two weeks from today.
[RAJESH S. PATIL, J.]
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