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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