Bombay High Court
BABURAO NARAYAN GAWAREversusBHIWANDI NIZAMPUR CITY MUNICIPAL CORPORATION AND ORS.
- Decided
- Disposal
- Disposed Off
Holding
The court held that, given the writ petition was admitted long ago and remained untried, the delay in filing the interim application is condoned and the amendment is permitted.
Summary
The applicants, legal heirs of the deceased Baburao Narayan Gaware, filed an interim application seeking to amend their 2004 writ petition to include the deceased's wife as a petitioner. The amendment was required to bring the legal heirs on record. The court noted a substantial delay in filing the interim application but observed that the original writ petition had been admitted in April 2005 and had not been heard for several years. Considering these circumstances, the court condoned the delay and allowed the amendment. The amendment must be effected within one week, served on the respondents, and re‑verification was dispensed with. The interim application was thereafter disposed.
Issues considered
- Whether the court can condone the delay in filing an interim application for amendment of a writ petition.
- Whether the amendment to the writ petition may be permitted at this stage of the proceedings.
Subjects
- interim application
- amendment of writ petition
- condonation of delay
- legal heirs
- civil procedure
Judgment
7. IA-4427-2026.doc
Baburao vs. Bhiwandi Nizampur City Municipal Cor. & Ors.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally
signed by
JYOTI
JYOTI PRAKASH
PRAKASH PAWAR
PAWAR Date:
INTERIM APPLICATION NO. 4427 OF 2026
2026.06.25
19:55:43
+0530 IN
WRIT PETITION NO. 9287 OF 2004
Baburao Narayan Gaware (Since Deceased)
Thr. Legal Heirs .. Applicants
V/s.
Bhiwandi Nizampur City
Municipal Corporation And Ors. .. Respondents
______________________________________
Mr. Yash Dewal a/w Mr. Shailendra Gaikwad for Applicants/Petitioners.
Ms. Savina Crasto, AGP for State.
Mr. N. R. Bubna for Respondent no. 1.
_______________________________________
CORAM : R.I. CHAGLA AND
FARHAN P. DUBASH, JJ.
DATE : 25th JUNE 2026
P.C.:
1. By the present Interim Application, the Applicants/Original Petitioners seek
amendment of the Writ Petition in terms of the Schedule annexed at Exhibit
“K”. The proposed amendment is sought for bringing on record the legal
heirs of the deceased. Applicant no. 1 is the wife of the deceased –
Petitioner no. 1(a) and is required to be brought on record.
2. There has been a substantial delay in filing the present Interim Application.
Page 1 of 2
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Order dated 25th June 2026
7. IA-4427-2026.doc
Baburao vs. Bhiwandi Nizampur City Municipal Cor. & Ors.
Considering that the Writ Petition was admitted by an order dated 6 th April
2005 and for several years the Writ Petition has not come up, we condone
the delay in filing of the present Interim Application.
3. The Applicants are permitted to amend the Writ Petition in terms of the
Schedule annexed at Exhibit “K” to the present Interim Application.
4. The amendment shall be carried out within a period of one week from today
and the amended Writ Petition shall be served by the Applicants on the
Respondents forthwith.
5. Re-verification is dispensed with.
6. The Interim Application is disposed of accordingly.
( FARHAN P. DUBASH, J. ) ( R.I. CHAGLA J. )
Shubham Gadhavepatil
Page 2 of 2
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Order dated 25th June 2026
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