Bombay High Court
MACCHINDRA MARUTI PARKHE AND OTHERSversusSAYAJI BHAGWAT PARKHE AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The court allowed the amendment to bring the legal representatives on record, condoned the delay, set aside the abatement, and granted leave to withdraw the Second Appeal, disposing it.
Summary
The petitioners, Machindra Maruti Parkhe and others, filed Civil Application No. 6101 of 2026 to bring the legal representatives of respondent No.4 on record, seek condonation of delay and set aside an abatement. The court, noting no objection from the respondents' counsel, allowed the application and ordered the amendment to be made. In the related Second Appeal No. 239 of 2014, the appellant submitted that the dispute had been amicably settled and presented a compromise application. The court granted leave to withdraw the appeal, thereby disposing of the Second Appeal as withdrawn. Consequently, the related Civil Application No. 3510 of 2014 was also disposed of, with no order as to costs.
Issues considered
- Whether the legal representatives of respondent No.4 can be brought on record despite the delay and abatement.
- Whether the Second Appeal can be withdrawn after the parties have reached a settlement.
Subjects
- civil procedure
- amendment of parties
- condonation of delay
- abatement
- withdrawal of appeal
- compromise settlement
Judgment
2026:BHC-AUG:24640
98-CA-6101-26.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
98 CIVIL APPLICATION NO. 6101 OF 2026 IN SA/239/2014
Machindra Maruti Parkhe And Others
VERSUS
Sayaji Bhagwat Parkhe And Others
WITH
SECOND APPEAL NO. 239 OF 2014
WITH
CIVIL APPLICATION NO. 3510 OF 2014 IN SA/239/2014
Macchindra Maruti Parkhe And Others
VERSUS
Sayaji Bhagwat Parkhe And Others
......
Mr. Vijay B. Jagtap, Advocate for the Appellant
Mr. P.S. Pawar a/w Mr. K.B. Jadhav, Advocate for Respondents No.4A & 4B
......
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 22 JUNE, 2026
PER COURT :
ORDER IN CIVIL APPLICATION NO.6101 OF 2026:
1. Civil Application No.6101 of 2026 is preferred for bringing the legal
representatives of respondent No.4 on record, condonation of delay in filing
the application, and setting aside the abatement.
2. Learned counsel Mr. P.S. Pawar and learned counsel Mr. K.B. Jadhav
appearing for the proposed legal representatives state that they have no
objection if the application is allowed.
98-CA-6101-26.odt
2
3. In view thereof, the Civil Application is allowed in terms of prayer
clauses (B), (C) and (D). The amendment shall be carried out forthwith.
ORDER IN SECOND APPEAL
4. Learned counsel for the appellant submits that the dispute has been
amicably settled between the parties. He tenders a copy of the compromise
application. The same is taken on record and marked as Exhibit “X”. On the
basis of the settlement, he seeks leave to withdraw the Second Appeal.
5. Leave granted.
6. The Second Appeal stands disposed of as withdrawn.
7. In view of the disposal of the Second Appeal, Civil Application
No.3510 of 2014 also stands disposed of. No order as to costs.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
S P Rane
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