Bombay High Court
SURESH RAMANLAL KADAKIA DECD THRU LHRSversusSTATE OF MAHARASHTRA AND ORS.
- Decided
- Disposal
- Allowed
Holding
The court condoned the delay and permitted the legal heirs to be brought on record, setting aside any abatement.
Summary
The applicants filed an interim application to have the legal heirs of the deceased original petitioner, Suresh Ramanlal Kadakia, brought on record in Writ Petition No. 6300 of 2010, and sought condonation of a 130‑day delay in filing the amendment. The court examined whether the delay could be condoned and whether the heirs could be added as parties despite the original petitioner's death. Relying on the applicants' explanation that time was needed to gather records, the court found the delay excusable. Consequently, the court condoned the delay, allowed the amendment to include the heirs, set aside any abatement, and directed that the amendment be filed within three weeks. The matter was listed for a final hearing on 25 November 2026.
Issues considered
- Whether a delay of 130 days in filing an amendment to bring legal heirs on record can be condoned.
- Whether the legal heirs of a deceased petitioner may be added as parties to the writ petition.
- Whether any abatement of the petition can be set aside upon addition of the heirs.
Subjects
- interim application
- condonation of delay
- amendment of parties
- legal heirs
- abatement
- civil procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.6435 OF 2026
IN
BHALCHANDRA
WRIT PETITION NO. 6300 OF 2010
GOPAL
DUSANE
Digitally signed by
BHALCHANDRA
GOPAL DUSANE
Date: 2026.10.03
Suresh Ramanlal Kadakia (deceased) .... Applicants
15:12:49 +0530
thru’ Legal Heirs
Vs.
State of Maharashtra & Ors. .... Respondents
Mr. D.V. Savant a/w Priyank Kulkarni, Sampada Jadhav i/b Gaurav Borse
for Applicants.
Mr. P.G. Sawant, AGP for Respondent no. 4 – State.
CORAM : ARUN R. PEDNEKER, J.
DATE : 30th September 2026
P.C. :
1. The Interim Application for bringing on record the legal heirs of the
original Petitioner is filed along with an application seeking condonation of
delay of 130 days.
2. Learned Counsel for the Applicants submits that, upon the demise of
the Petitioner, the son and daughter, being the children of the deceased, are
sought to be brought on record. It is submitted that the Applicants required
some time to gather the relevant records and take necessary steps for
bringing them on record.
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17 IA 6435.26 in WP 6300.2010.doc Dusane
3. For the reasons stated in the Interim Application, the same is allowed.
The delay is condoned. The Applicants are permitted to be brought on
record. Abatement, if any, is set aside. Amendment be carried out within a
period of three weeks, as the Applicants are residents of Uttar Pradesh.
4. List the matter Petition for final hearing on 25th November 2026.
[ ARUN R. PEDNEKER, J. ]
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17 IA 6435.26 in WP 6300.2010.doc Dusane
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