Bombay High Court

LALIT BABULAL SANGHAVIversusPRITHVIRAJ JAYCHAND OSWAL AND ORS

Disposal: Allowed

Holding

The court condoned the delay, set aside the abatement, and allowed the legal heirs to be brought on record.

Summary

The applicant, Lalit Babulal Sanghavi, filed an interim application seeking condonation of delay in setting aside an abatement order and in bringing the legal heirs of the deceased respondent, Prithviraj Jaychand Oswal, on record. The court noted that the heirs had been served but had not appeared, and there was no evidence of mala fides in the applicant's delayed filing. It held that the cause of action remained viable against the heirs and that the delay could be condoned. Consequently, the court set aside the abatement, granted leave to bring the heirs on record, and disposed of the interim application. The matter was then listed for final disposal of the writ petition on 27 October 2026.

Issues considered

Whether the delay in filing the application for setting aside abatement can be condoned
Whether the abatement order should be set aside
Whether the legal heirs of the deceased respondent can be brought on record

Subjects

condonation of delay
abatement
legal heirs
civil procedure
interim application

Judgment

                                                          108 IA 6846 OF 2025.odt

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIRCUIT BENCH AT KOLHAPUR
                      CIVIL APPELLATE JURISDICTION

                108 INTERIM APPLICATION NO. 6846 OF 2025
                                   IN
                      WRIT PETITION NO. 767 OF 2011
                                  WITH
                      WRIT PETITION NO. 767 OF 2011

                         LALIT BABULAL SANGHAVI
                                   VERSUS
                  PRITHVIRAJ JAYCHAND OSWAL AND ORS
                                      ...
     Advocate for Applicant : Mr. Anand S. Patil a/w Mr. Pratik B. Bhakare
                                      ...
                      CORAM                : SHAILESH P. BRAHME, J.

                       DATE                : 28.09.2026

PER COURT :

        INTERIM APPLICATION NO. 6846 OF 2025 :

        The applicant seeks condonation of delay in setting aside abatement

and bringing heirs of respondent no. 1 Prithviraj Jaychand Oswal on record.


2.     The proposed legal heirs are served but they have not caused

appearance.


3.     The contents of the application have not been traversed. The cause of

action survives as against heirs of the deceased respondent no. 1. There is

no reason to infer any mala fides on the part of the applicant in preferring

the application belatedly.


4.     The delay stands condoned, abatement is set aside and leave is


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                                                             108 IA 6846 OF 2025.odt

granted to bring legal heirs of respondent no. 1 on record.


5.      Interim Application is disposed of.


        WRIT PETITION NO. 767 OF 2011 :

6.      List this matter for final disposal on 27.10.2026.



                                        ( SHAILESH P. BRAHME, J.)

mkd/-




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