The High Court allowed the Writ Petition, set aside the trial court's order rejecting the application to bring legal heirs on record, and directed condonation of a 123-day delay.
Writ Petition allowed; impugned order set aside; application brought on record allowed; delay condoned; suit to be expedited.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
Mhi
WRIT PETITION NO. 10646 OF 2009
| 1. | Shri Chandrakant Shamrao Jadhav | ) |
|---|---|---|
| 2. | Shri Arun Shamrao Jadhav | ) |
| 3. | Shri Ashok Shamrao Jadhav | ) |
| 4. | Shri Madan Shamrao Jadhav All residing at 209, A-1/1B, Shamratna, Tarabai Park, Kolhapur. Vs. |
) ) ) ).. Petitioners. |
| 1. | Smt. Nalinibai Nanasaheb Bhosale Age dult, occ. Housewife, R/at C-Ward, House No.263, Kolhapur. since deceased through his legal heirs, |
) ) ) ) |
| 1-a | Shri Dattajirao Nanasaheb Bhosale, R/at C-Ward, House no.263, Kohapur. |
) ) |
| 2. | Shri Dattajirao Nanasaheb Bhosale, | ) |
| 3. | Shri Jaysingh Narayan Chavan, Since deceased through Legal Heir |
) ) |
| 3.a | Shri Bhaskar Narayan Chavan, Age Adult, Occ. Nil, |
) ) |
| R/at A-ward, House No.559, Shivaji Peth, Kolhapur. |
) ) |
|
| 3.b | Smt. Saraswati Narayan Chavan Since deceased through her legal heirs Smt. Akkubai Jaysingh Jadhav, |
) ) ) |
| Age 50 years, Occ. Housewife, | ) |
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| R/at City Survey No.41, Shivaji peth, Kolhapur. |
) ) |
|
|---|---|---|
| 4. | Shri Narayan Balwant Chavan, Since deceased through legal heirs |
) ) |
| 4.a | Shri Bhaskar Narayan Chavan, Age Adult, Occ. Nil. R/at A-Ward, House No.559, Shivaji Peth, Kolhapur. |
) ) ) ) |
| 4.b | Smt. Saraswati Narayan Chavan since deceased through her legal; heirs Smt. Akkubai Jaysingh Jadhav, Age 50 yrs. Occ. Housewife, R/at City Survey No.41, Shivaji Peth, Klhapur. |
) ) ) ) ) |
| 5. | Shri Shamrao Namdevo Pawar, Age 64 Yrs. Occ. Nil. R/at Shivaji peth, near Khandoba Talim House No.603, Kolhapur. |
) ) ) ) |
| 6. | Shri Bhaskar Narayan Jadhav, Age 62 years, Occ.Nil. R/at A-Ward, House no.559, Shivaji peth, near Sardar Talim, Kolhapur. |
) ) ) ) )..Respondents |
Mr. Mandar V. Limaye, Advocate, for the petitioners Mr. Amit Shete, i/b. Amit B. Borkar,Advocate for the respondents Nos. 5 & 6.
CORAM: J.H.BHATIA,J. DATE : 28th September, 2010.
JUDGMENT:
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finally on 28.8.1999, he contacted the lawyer and then he was told that an application for bringing the L.Rs. on record was necessary. Thereafter, the application was moved. The application was opposed on behalf of the defendant. After the lengthy arguments, the learned trial Court rejected the application Ex.33 holding that satisfactory reason was not given for the delay.
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appeals, Court should take liberal view if it leads to interest of justice. The trial Court noted that in Kamlabai Narsayya Shrimal vs. Ganpat Vithalrao Gaware 2008 (2) ALL MR 52 , it was held that after the suit was abated, it creates valuable rights in the party and therefore, it is not proper to interfere in those rights. In my considered opinion, this judgment is not applicable to the facts of the present case. In the present case, parties were litigating before different fora for about 30 years and if the delay of 123 days in bringing the L.Rs would have been condoned, no prejudice could be caused to either side. In view of the long drawn litigation, it was in the interest of justice to allow the application and to condone the delay and to allow the application for bringing L.Rs. on record. The learned trial Court took very technical view of the matter which would not boost the interest of justice. It is erroneous that the application of the plaintiff was rejected because, according to the trial Court, the reason for delay of 123 days was not satisfactory, but at the same time, the trial Court took more than nine years to dispose of such application.
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the suit is more than 40 years old, therefore the trial Court shall expedite and
dispose of the suit as early as possible.
(J.H.BHATIA,J.)
2 issues framed by the court
Whether the delay of 123 days in filing an application to bring legal heirs on record should be condoned despite the trial court's rejection based on insufficient explanation.
Whether liberal views should be adopted for condoning delay in bringing legal heirs on record in a suit pending for 30 years to serve the interest of justice.
Colour shows how this judgement treated each authority
Kamlabai Narsayya Shrimal vs. Ganpat Vithalrao Gaware 2008 (2) ALL MR 52Distinguished¶19
Shri Chandrakant Shamrao Jadhav
Smt. Nalinibai Nanasaheb Bhosale (L.Rs.)
J.H.BHATIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
