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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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