Bombay High Court

KASHINATH SADASHIV KAMBLE THR. LRS. VANDANA KASHINATH KAMBLE AND ORS.versusDATTATRAY NANA KHAIRMODE SINCE DECEASED THR. LRS. SHARADA DATTATRAY KHAIRMODE

Disposal: Allowed
Bench: SHAILESH P BRAHME

Holding

The cause of action survives against the legal heirs, the delay is condoned, and the abatement is set aside, allowing the heirs to be brought on record.

Summary

The petitioners, Kashinath Sadashiv Kamble and others, filed interim applications seeking to bring the legal heirs of the deceased petitioner and the deceased respondent No.1B onto the court record. The court examined whether the cause of action survived against these legal heirs and whether the delay in filing the application could be condoned. It held that the cause of action does survive against the heirs and that the delay was not intentional, warranting condonation. Consequently, the abatement of the proceedings was set aside and leave was granted to include the heirs on record. The applications were therefore allowed, and the matter was adjourned for further hearing on 20 July 2026.

Issues considered

Does the cause of action survive against the legal heirs of a deceased party?
Can the delay in filing an application be condoned when it is not intentional?
Should the abatement of proceedings be set aside to allow the inclusion of legal heirs on record?

Subjects

legal heirs
cause of action
abatement
condonation of delay
interim application
civil appellate jurisdiction

Judgment

                                                       16-WP-4308-1995 (C).doc




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIRCUIT BENCH AT KOLHAPUR
                      CIVIL APPELLATE JURISDICTION
                   INTERIM APPLICATION NO. 435 OF 2026
                                   IN
                      WRIT PETITION NO. 4308 OF 1995
                                  WITH
                  INTERIM APPLICATION NO. 1591 OF 2025
                                   IN
                      WRIT PETITION NO. 4308 OF 1995

Kashinath Sadashiv Kamble Thr. Lrs.
Vandana Kashinath Kamble And Ors.                                   ...Applicants

IN THE MATTER BETWEEN

Kashinath Sadashiv Kamble Thr. Lrs.
Vandana Kashinath Kamble And Ors.                                  ...Petitioners
       Versus
Dattatray Nana Khairmode Since Deceased
Thr. Lrs. Sharada Dattatray Khairmode                            ...Respondents

                           …..
Adv. Rugwed R. Kinkar i/b Adv. Drupad S. Patil, Advocate for
Applicant/Petitioner.
                           …..

                                      CORAM : SHAILESH P. BRAHME, J.

                                      DATE      : 22nd JUNE, 2026.

P.C. :

                       INTERIM APPLICATION NO. 435 OF 2026

           The applicants seek to bring the legal heirs of deceased petitioner

Kashinath Sadashiv Kamble on record.

2.         The cause of action survives as against the legal heirs of the

deceased petitioner.



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                                                         16-WP-4308-1995 (C).doc


3.           The Civil Application is allowed in terms of prayer clauses 'a' and

'b'.

                     INTERIM APPLICATION NO. 1591 OF 2025

4.           The applicant seeks to bring the legal heirs of deceased

Respondent No.1B - Abhijit Dattatraya Khairmode on record. The delay

is also sought to be condoned.

5.           The cause of action survives as against deceased Respondent

No.1B.

6.           The delay cannot be said to be intentional. For the reasons stated

in the application, the delay stands condoned. The abatement is set

aside, and leave is granted to bring the legal heirs on record.

Accordingly, the application is allowed.



                            WRIT PETITION NO. 4308 OF 1995

7.           The counsel appearing for the petitioners under takes to inform

the lawyer appearing for the respondent.

8.           Stand over to 20.07.2026.

                                                     [ SHAILESH P. BRAHME]




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