Bombay High Court

SHRI NIVRUTTI GOPAL SAWANT(DECD.THR.LRS) DAJI NIVRUTTI SAWANT AND ORSversusSHRI. RAJARAM GANU CHAVAN

Disposal: Allowed

Holding

Condonation of the 25‑year delay is permissible, subject to the appellant paying Rs.1,00,000 in costs to the respondents.

Summary

The original appellant filed an interim application seeking condonation of a 25‑year delay in bringing on record the legal heirs of the deceased sole appellant. The delay was attributed to the alleged alcoholism of one heir, Hanmanta Nivruti Sawant, who had nonetheless filed several civil applications over the years. The court observed that the omission was inadvertent and that the Registry had not objected to the earlier filings. It held that the application could be allowed provided the appellant pays costs of Rs.1,00,000, to be shared equally among the four respondents. Upon payment of costs and proof thereof, the appellant may amend the appeal within two weeks, and the second appeal is listed for hearing on 8 October 2026.

Issues considered

Whether a condonation of a 25‑year delay in bringing on record the legal heirs of a deceased appellant can be granted.
Whether the appellant should be ordered to pay costs to the respondents as a condition for granting the interim relief.

Subjects

condonation of delay
legal heirs
amendment of appeal
civil procedure
costs
interim relief

Judgment

                                                         26-IA-3443-2025 (C).docx


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                     CIVIL APPELLATE JURISDICTION
                 INTERIM APPLICATION NO. 3443 OF 2025
                                  IN
                    SECOND APPEAL NO. 312 OF 1997

Shri Nivrutti Gopal Sawant(decd.thr.lrs) Daji
Nivrutti Sawant And Ors                                           ...Applicants
               VERSUS
Shri. Rajaram Ganu Chavan                                        ...Respondent

Mr. Kayval P Shah (Through VC), Advocate for Applicant.
Mr. G. H. Keluskar (Through VC) a/w. Mr. Ajay Parsekar, Advocate for
respondent nos. 1 to 4.

                                    Coram :      RAJESH S. PATIL, J.

                                    Date     :   AUGUST 27, 2026.

P. C. :

1.        The present Interim Application has been filed by the original

appellant seeking condonation of delay of 25 years in bringing on record

the legal heirs of the deceased sole appellant. I have heard the learned

counsel for both the sides and, with their assistance, have gone through

the contents of the Interim Application and the replies on record.

2.        It is the case of the applicant that one of the legal heirs of the

appellant, proposed appellant No.3, namely Hanmanta Nivruti Sawant,

was addicted to alcohol. The said Hanmanta was looking after the legal

matters, including the present proceedings, and due to his bad vices,




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steps were not taken to bring on record the legal heirs of the sole

appellant.

3.    However, as a matter of record, the said Hanmanta has filed five

Civil Applications during the last 25 years, which include an application

for condonation of delay, an application for bringing on record the legal

heirs of deceased respondent No.1, an application for injunction and an

application for stay. While filing these applications, the said Hanmanta

acted as if the Second Appeal had already been amended and he was on

record in the Second Appeal. Even the Registry did not raise any

objection to the said Hanmanta filing the Civil Applications.

4.    It appears that there was an inadvertent error on the part of the

applicant in not filing an application to bring on record the legal heirs of

the sole appellant and thereafter filing the five Civil Applications as

referred to in the earlier paragraph.

5.    In my view, suffice would be the purpose if the present Civil

Application is allowed, subject to the applicant paying costs.

6.    The appellant, volunteers to pay costs of Rs.1,00,000/- to the

respondents. The appellant is permitted to pay Rs.1,00,000/- to the

respondents. The said amount shall be shared equally by the four

respondents, at Rs.25,000/- each. The said costs shall be paid within a

period of three weeks from today.


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7.    Subject to payment of the costs, the Civil Application shall stand

allowed in terms of prayer clauses (a), (b) and (c).

8.    Upon payment of the costs and filing proof thereof in the Registry,

the appellant shall be permitted to carry out the amendment within a

period of two weeks thereafter.

9.    The respondents are directed to furnish details of their respective

bank accounts to the learned advocate appearing for the appellant within

a period of two weeks from today.

10.   List the Second Appeal on 8 October 2026.



                                                       (RAJESH S. PATIL, J.)




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