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 set aside the abatement, thereby allowing the interim application.
Summary
The petitioners filed an interim application in Writ Petition No. 3688 of 2008 seeking to bring on record the legal representative of Respondent No.4, Smt. Surekha Pandharinath Shivalkar, and to set aside the abatement of the petition concerning the deceased petitioner No.4. They also prayed for condonation of delay in filing the application. The Court examined the pleadings and heard counsel, finding that sufficient cause existed to condone the delay. Considering that the main proceedings were still pending and required final adjudication, the Court held it was in the interest of justice to allow the interim application. Accordingly, the Court ordered that the petition be amended within two weeks, served on the respondents, and disposed of the interim application without costs.
Issues considered
- Whether the delay in filing the interim application can be condoned.
- Whether the abatement of the writ petition concerning the deceased petitioner can be set aside.
- Whether the legal representative of Respondent No.4 can be brought on record.
Subjects
- interim application
- condonation of delay
- abatement of petition
- legal representative
- writ petition
- civil appellate jurisdiction
Judgment
Digitally
signed by
PRASHANT
PRASHANT VILAS RANE
VILAS
RANE Date:
2026.08.29
3-IA6583-26.DOC
11:25:04
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 6583 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 & Ors. ...Respondents
_______
Mr. Rajendra B. Khaire i/b. N. V. Bandiwadekar, for PetitionerS.
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.4-Smt. Surekha Pandharinath Shivalkar, and to set aside the
abatement of the present Writ Petition qua deceased petitioner No.4, 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).
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3-IA6583-26.DOC
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.)
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P.V.Rane
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