Bombay High Court
JAYWANT RAMRAO SHIVALKARversusSUMATI KHANDERAO SHIVALKAR AND ORS.
- Decided
- Disposal
- Disposed Off
Holding
The Court allowed the amendment of the petition and condoned the delay, ordering the amendment to be made within two weeks.
Summary
The petitioners filed an interim application seeking to amend their writ petition by removing the names of two deceased petitioners and to set aside the abatement of the petition with respect to those deceased parties. They also requested condonation of delay in filing the application. The Court examined the submissions and found that sufficient cause existed to excuse the delay. Considering that the main proceedings were still pending and required final adjudication, the Court deemed it in the interest of justice to permit the amendment and condonation. Accordingly, the Court ordered that the amendment be effected within two weeks and that the amended petition be served on the respondents, disposing the interim application without costs.
Issues considered
- Whether the petition can be amended to delete the names of deceased petitioners and set aside the abatement of the writ petition.
- Whether delay in filing the interim application can be condoned.
Subjects
- petition amendment
- abatement
- condonation of delay
- interim application
- civil procedure
Judgment
3-IA6582-26.DOC
Digitally signed
by PRASHANT
PRASHANT VILAS RANE
VILAS Date:
RANE 2026.08.29
11:54:26
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 6582 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 praying amendment to the petition by
deleting the names of the deceased petitioner No.1-Sumati Khanderao Shivalkar
and deceased petitioner No.3 – Dattaram Ramrao Shivalkar from the cause title
and to set aside the abatement of the present Writ Petition qua deceased
petitioner Nos.1 and 3, 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 be now 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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