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Bombay High Court

SMT.FATIMABAI KASAM FAKIRversusTHE COLLECTOR PUNE

Decided
Disposal
Disposed Off

Holding

The court restored the dismissed appeal and set aside the abatement, permitting the legal heirs of the deceased appellant to be brought on record.

Summary

The appellants filed an interim application seeking restoration of a second appeal that had been dismissed for not filing the private paper book within the prescribed time, alleging a one‑day delay in uploading. The court, considering the minimal delay, recalled the dismissal order and restored the appeal. A second interim application was filed to bring the legal heirs of a deceased appellant onto the record, as the appeal had abated due to the appellant's death. The court set aside the abatement, allowing the heirs to be added and directing an amendment within three weeks. The interim order dated 20 July 2017 was ordered to continue in force during the pendency of the appeal. Both interim applications were subsequently disposed of.

Issues considered

  • Whether a dismissal of an appeal for failure to file the private paper book within the permissible period can be set aside on account of a one‑day delay.
  • Whether the abatement of an appeal due to the death of the appellant can be set aside to permit the legal heirs to prosecute the appeal.

Subjects

  • interim application
  • appeal restoration
  • private paper book
  • procedural delay
  • abatement
  • legal heirs
  • civil appellate jurisdiction
  • court order

Judgment

                      Sonali Mane                                                   13-IA-7514-2026.docx



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                             CIVIL APPELLATE JURISDICTION

                                         INTERIM APPLICATION NO. 7514 OF 2026
                                                           WITH
                                     INTERIM APPLICATION NO. 7512 OF 2026 (NOB)
                                                             IN
                                             SECOND APPEAL NO. 646 OF 2017


                      Smt.Fatimabai Kasam Fakir (Decd.) Thr. Lrs.
                      Khurshid Hamid Shaikh & Ors.                                 … Applicants
                      IN THE MATTER BETWEEN


                      Smt.Fatimabai Kasam Fakir (Decd.) Thr. Lrs.
                      Khurshid Hamid Shaikh & Ors.                                 … Appellants
                               Versus

                      The Collector Pune & Ors.                                    … Respondents



                      Ms. Priyanka Bhoite a/w Mr. Rushikesh S. Kekane i/b Mr. A. S. Naikare
                      for Appellant/Applicants.
                      Mr. D. D. Shinde for Respondent No.4.


                                                          CORAM       : SANDEEP V. MARNE, J.

                                                          DATE        : 1 OCTOBER 2026.

                      P.C. :



                      1)            The Interim Application is filed for restoration of the Appeal,
                      which is dismissed for failure to file the private paper book within the
                      permissible period. The learned counsel appearing for the Applicants

   MANE
   SONALI
   DILIP
Digitally signed by
MANE SONALI DILIP
Date: 2026.10.05
11:07:05 +0530
                                                      ___Page No.1 of 2___
                                                         1 October, 2026
Sonali Mane                                                    13-IA-7514-2026.docx



submits that the private paper book was attempted to be uploaded, but
there was one day delay in uploading the same.



2)            Considering this position, I deem it appropriate to recall the
order of dismissal of Second Appeal. Second Appeal is accordingly
restored. Interim Application is disposed of.



3)            Interim Application No. 7512 of 2026 is filed to bring on
record legal heirs of the sole Appellant, who has passed away during
pendency of the Appeal. For the reasons indicated in the Appeal and
with the view to provide an opportunity to the legal heirs of the
Appellant to prosecute the Appeal on merits, I deem it appropriate to
set aside the abatement and to permit the legal heirs of the Appellant
to be brought on record. Interim Application is accordingly allowed.
The legal heirs of the deceased Appellant are permitted to be brought
on record. Necessary amendment to be carried out within a period of
three weeks.



4)            The Interim order granted on 20 July 2017 shall continue to
operate during pendency of the Appeal.



5)            Both the Interim Applications are accordingly disposed of.




                                                       [SANDEEP V. MARNE, J.]




                                ___Page No.2 of 2___
                                   1 October, 2026


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