Bombay High Court

SHRI. SHAMSUNDAR GAJANAN KHATAVKARversusTHE STATE OF MAHARASHTRA THR THE SECRETARY, ADMINISTRATIVE DIRECTOR, NAGAR PARISHAD AND ORS

Disposal: Allowed

Holding

The Court condoned the delay and allowed the interim application, permitting amendment to include the legal heirs as parties.

Summary

The petitioners, legal heirs of the deceased Shamsundar Gajanan Khatavkar, filed an interim application to be recognized as parties and to condone a delay of 107 days in filing the application. The petitioners argued that the delay was due to a typographical error and sought permission to amend the application. The Court allowed the amendment, dispensed with re‑verification, and held that the claim for arrears of leave period and interest on the provident fund, being a money claim, survives in favor of the legal heirs. Consequently, the Court condoned the delay and allowed the interim application, directing the amendment to be completed within two weeks and staying further proceedings until 17 September 2026.

Issues considered

Whether the delay of 107 days in filing the interim application can be condoned
Whether the legal heirs of a deceased petitioner can be substituted as parties in a money claim for provident fund arrears

Subjects

interim application
condonation of delay
legal heirs
money claim
provident fund
civil procedure

Judgment

                                                             35-IA-978-2026.doc


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

                   INTERIM APPLICATION NO. 978 OF 2026
                                   IN
                     WRIT PETITION NO. 6449 OF 2022


Shri. Shamsundar Gajanan Khatavkar Thr. Legal Heirs ...Applicants
IN THE MATTER BETWEEN
Shri. Shamsundar Gajanan Khatavkar                        ...Petitioner
          Versus
The State Of Maharashtra Thr The Secretary,               ...Respondents
Administrative Director, Nagar Parishad And Ors

                                 ——————
Ms. Smita Shinde a/w Adv. Parswi Deodhar, for the Petitioner.
Mr. N.C.Walimbe Addl GP a/w Ms. Tejas Kapre, AGP for the Respondent-State.
Mr. Niranjan D. i/b Mr. Rupesh Bobade, for the Respondent No. 2.
                                 ——————
                                   Coram :    SHARMILA U. DESHMUKH &
                                              NEERAJ P. DHOTE, JJ.
                                   Date     : AUGUST 31, 2026
P. C. :

1.        Interim Application has been preferred for bringing on record the

legal heirs of the deceased Petitioner and for condonation of delay

caused in preferring the application.

2.        Learned counsel for the Applicants submits that the delay is of

107 days, however, due to a typographical error, it is mentioned as 67

days. She seeks leave to amend. Leave is granted. Amendment to be

carried out forthwith. Re-verification is dispensed with.


Arya Chavan                        1 of 2
                                                          35-IA-978-2026.doc


3.      Considering that the claim is for arrears of the leave period and

interest on the provident fund, which is a money claim, the cause

survives to the legal heirs of the deceased Petitioner.

4.      For the reasons stated in the application, delay stands condoned.

Interim Application is allowed. Amendment to be carried out within a

period of two weeks. Re-verification is dispensed with.


WRIT PETITION NO. 6449 OF 2022


5.      Stand over to 17th September, 2026.




 [NEERAJ P. DHOTE, J.]                    [SHARMILA U. DESHMUKH, J.]




Arya Chavan                      2 of 2

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