Bombay High Court
MISS. SARITA VASANT JOSHI and ANRversusSHRI. SADASHIV DADOBA JARAG (DECEASED) THR. LRS. SMT. CHAYADEVI SADASHIV JARAG AND ORS.
- Disposal
- Allowed
Holding
The court allowed the amendment to add the deceased respondent’s legal heirs and condoned the delay, subject to a 14‑day compliance condition.
Summary
The applicants filed an interim application seeking to bring the legal representatives of the sole deceased respondent, Sadashiv Dadoba Jarar, on record, and to obtain condonation of a 300‑day delay and setting aside of abatement in Civil Revision Application No. 151 of 2011. Neither the applicants nor their counsel appeared, but the respondent’s counsel, Mr. Kalpesh Patil, appeared and expressed no objection to the prayers. The court, noting the lack of objection, allowed the application, permitting the amendment to include the legal heirs as respondents within 14 days, and conditioned that failure to comply would result in recall of the order and dismissal of the revision as abated. The order was signed by Justice Ashwin D. Bhope on 20 August 2026.
Issues considered
- Whether the court may condone a delay of 300 days in filing the amendment.
- Whether the abatement of the civil revision application can be set aside.
- Whether the legal representatives of a deceased respondent may be added as parties at this stage.
Subjects
- condonation of delay
- abatement
- amendment of parties
- civil revision
- interim application
- legal heirs of deceased
Judgment
26-IA-4659-2023 (C).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 4659 OF 2023
IN
CIVIL REVISION APPLICATION NO. 151 OF 2011
Miss. Sarita Vasant Joshi And Anr. … Applicants
Versus
Shri. Sadashiv Dadoba Jarag (Deceased) … Respondents
Through LRs.
A. Smt. Chayadevi Sadashiv Jarag & Ors.
——————
None for the Applicants.
Mr. Kalpesh Patil i/b. Aditya Patil for the Respondents.
——————
Coram : ASHWIN D. BHOBE, J.
Date : 20th August 2026.
PER COURT :
1. When this Application was called out, neither the Applicants nor the
Advocate for the Applicants are present.
2. Perused the records.
3. By the present Application, the Applicant is seeking to bring the legal
representatives of the sole deceased Respondent on record. The prayers in
this Application are for condonation of delay of 300 days and for setting aside
abatement.
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26-IA-4659-2023 (C).docx
4. Mr. Kalpesh Patil, learned Advocate appears and states that he was
appearing for the sole Respondent - Sadashiv Dadoba Jarag and that he has
instructions to appear on behalf of the legal representatives of the deceased
Respondent - Sadashiv Dadoba Jarag (names of the legal representatives are
stated in paragraph No.2 of the Application). In all fairness Mr. Kalpesh Patil
states that he has no objection to allow this Application in terms of prayer
clauses (a), (b), (c) & (d).
5. In view of the no objection given by Mr. Kalpesh Patil, learned
Advocate for the Respondents, this Application is allowed in terms of prayer
clauses (a), (b), (c) & (d).
6. Consequently, the Applicant is permitted to bring the legal heirs of the
sole Respondent on record as Respondent Nos. A to E. The said amendment
to be carried out within 14 days from today.
7. In the event the amendment is not carried out within the period of 14
days from today, this order shall stand recalled and the Civil Revision
Application No. 151 of 2011 shall stand dismissed as abated.
8. Interim Application No. 4659 of 2023 is allowed.
Digitally signed
by OMKAR
SHIVAHAR
OMKAR
SHIVAHAR
KUMBHAKARN [ ASHWIN D. BHOBE, J. ]
KUMBHAKARN Date:
2026.08.21
10:10:35
+0530
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