Bombay High Court
KASTURABAI PUNDLIK NIRBHAVANE (DEC.) THR. LRS. PUNDLIK NIRBHAVNEversusPRAVINCHANDRA MOHANLAL LUNAWAT AND ANR.
- Decided
- Disposal
- Disposed Off
Holding
The delay is condoned and the interim application is allowed, with the abatement set aside.
Summary
The applicant, Kasturabai Pundlik Nirbhavane, filed an interim application seeking to record the names of heirs and legal representatives of both herself and respondent No.1, and to obtain condonation of a delay of 1 year and 8 months for herself and 6 months for the respondent, along with setting aside an abatement. The court noted that service to the respondent's heirs had been effected and that an affidavit-in-reply was filed, though no response from the respondents was on record. Counsel for the applicant explained that the delay was caused by the deaths of the parties during the COVID-19 period and referenced the exemption granted by the Apex Court. After reviewing the reasons, the judge found them justifiable and saw no ground to reject the condonation. Consequently, the court condoned the delay, allowed the application as per prayer clauses 5(a) and 5(b), ordered amendment within three weeks, and confirmed that the ad‑interim relief already granted would continue until the next date.
Issues considered
- Whether the delay of 1 year 8 months (applicant) and 6 months (respondent) in filing the interim application can be condoned.
- Whether the abatement can be set aside on the basis of the explained reasons.
- Whether the names of heirs and legal representatives can be added to the record at this stage.
Subjects
- condonation of delay
- abatement
- interim relief
- civil revision
- heirs and legal representatives
- COVID-19 pandemic
Judgment
16-CRA-239-2018.docx
rrpillai IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL REVISION APPLICATION NO. 239 OF 2018
WITH
INTERIM APPLICATION NO. 3789 OF 2023
Kasturabai Pundlik Nirbhavane … Applicant
Vs.
Pravinchandra Mohanlal Lunawat … Respondents
and Another
Mr. N. R. Bubna for the Applicant.
CORAM : GAURI GODSE, J.
DATE : 19th AUGUST 2026
ORDER :
Interim Application No. 3789 of 2023
1. This interim application is for bringing on record names of
heirs and legal representatives of deceased applicant with a
prayer for condonation of delay of 1 year and 8 months and
setting aside abatement.
2. The applicant has also prayed for bringing on record
names of heirs and legal representatives of respondent no. 1
with a prayer for condonation of delay of 6 months and setting
Digitally
signed by
RAJESHWARI
RAJESHWARI RAMESH
aside abatment.
RAMESH PILLAI
PILLAI Date:
2026.08.20
10:12:08
+0530
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16-CRA-239-2018.docx
3. Office remarks shows that the heirs and legal
representative of respondent no. 1 are served. Affidavit-in-reply
appears to have been filed. None appears for the respondents.
4. Learned counsel for the applicant submits that the
reasons for the delay and the steps taken to file the application
are explained in paragraph 2 and 3 of the application.
5. I have perused the application. The reasons are
justifiable. I see no ground to disbelieve the reasons stated for
condonation of delay. The death of the applicant no. 1 and
respondent no. 1 is during the covid period and the exemption
that was granted by the Apex Court.
6. For the reasons stated in the application, delay is
condoned and the application is allowed in terms of prayer
clause 5(a) and 5(b). Amendment to be carried out within three
weeks.
Civil Revision Application No. 239 of 2018
7. Heard learned counsel for the applicant.
8. Arguable points are raised. Hence, Rule.
9. Rule on interim relief is made returnable on 28 th October
2026.
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16-CRA-239-2018.docx
10. Ad-interim relief already granted shall continue till the
next date.
[GAURI GODSE, J.]
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