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Bombay High Court

JAYWANT RAMRAO SHIVALKARversusSUMATI KHANDERAO SHIVALKAR AND ORS.

Decided
Disposal
Disposed Off

Holding

The Court held that sufficient cause existed to condone the delay and allowed the interim application, directing amendment within two weeks.

Summary

An interim application was filed to bring on record the legal representative of Respondent No.2a and to set aside the abatement of the writ petition concerning the deceased petitioner, along with a request for condonation of delay. The Court examined the pleadings and heard counsel for the petitioner. Finding sufficient cause for the delay and noting that the main proceedings were still pending, the Court deemed it in the interest of justice to allow the application. It ordered that the petition be amended within two weeks and that the amended copies be served on the respondents. The interim application was consequently disposed without any costs.

Issues considered

  • Whether the delay in filing the interim application can be condoned.
  • Whether the court can permit amendment to bring on record the legal representative and set aside the abatement of the writ petition.

Subjects

  • interim application
  • condonation of delay
  • abeyance of writ petition
  • legal representative
  • amendment of petition
  • interest of justice

Judgment

         Digitally
         signed by
         PRASHANT
                                                                                                     3-IA6581-26.DOC
PRASHANT VILAS
VILAS    RANE
RANE     Date:
         2026.08.29
         12:06:23
         +0530

                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                  CIVIL APPELLATE JURISDICTION

                                              INTERIM APPLICATION NO. 6581 OF 2026
                                                                  IN
                                                   Writ Petition NO. 3688 OF 2008

                      Jaywant Ramrao Shivalkar                              ...Applicant
                      In the matter between
                      Smt. Sumati Khanderao Shivalkar & Ors.                ...Petitioners
                               Versus
                      State of Maharashtra And Ors.                            ...Respondents
                                                                  _______
                      Mr. Rajendra B. Khaire i/b. N. V. Bandiwadekar, for Petitioner.
                      Mr. Kedar B. Dighe, Addl. Govt. Pleader with Ms. P. N. Diwan, AGP for State.
                      Mr. Rohit Parab i/b. C. G. Gavnekar, for Respondent Nos.2 and 3.
                                                                _________

                                                             CORAM:         G. S. KULKARNI &
                                                                            Dr.NEELA GOKHALE, JJ.

                                                             DATE:          25 AUGUST 2026.
                      P.C.

                      1.         This Interim Application is filed to bring on record the legal representative
                      of respondent No.2a-Suprabha Atmaram Shivalkar, and to set aside the
                      abatement of the Writ Petition qua deceased petitioner No.2a, as also praying for
                      condonation of delay in filing the present application.
                      2.         Having perused the averments as made in the application and having
                      heard learned Counsel for the applicant/petitioner, in our opinion, sufficient
                      cause has been made out for condonation of delay. Also considering that the
                      proceedings are pending and they would now be required to be finally
                      adjudicated, it is in the interest of justice that the interim application is allowed. It
                      is allowed in terms of prayer clause (a), (b) and (c).
                      3.         Necessary amendment be carried out within two weeks from today.
                      Amended copies of the petition be served on the respondents.
                      4.         Interim Application stands disposed of in the aforesaid terms. No costs.




                      (Dr.NEELA GOKHALE, J.)                                         (G. S. KULKARNI, J.)


                                                            Page 1 of 1
                                                          25 August 2026
                      P.V.Rane


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