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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 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).


                                                            Page 1 of 2
                                                          25 August 2026
                      P.V.Rane
                                                                          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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                                    25 August 2026
P.V.Rane


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