Shrikant S/O Prasanna Padhye and Another vs Ghanshyam S/O Ramgopalji Khandelwal — Bombay HC (2025) — LawSathi Research

Shrikant S/O Prasanna Padhye and Another vs Ghanshyam S/O Ramgopalji Khandelwal — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

All six civil applications disposed of: delays of 130 days (legal representatives of deceased Appellant No.2) and 500 days (legal representative/widow of deceased Respondent) condoned; abatements of the Second Appeal against the deceased Appellant No.2 and the deceased Respondent set aside; legal representatives permitted to be brought on record; amendment of the cause-title of the Second Appeal directed.

Issue for consideration

Whether the delay of 130 days in filing the application to bring the legal representatives of deceased Appellant No.2 on record should be condoned, the abatement of the Second Appeal against Appellant No.2 set aside, and his legal representatives brought on record. +1 more

Court's answer

The delay of 130 days caused in filing the application for bringing the legal representatives of deceased Appellant No.2 on record is condoned.

Ratio / Principle

Abatement of the Second Appeal against Appellant No.2 is set aside and permission is granted to bring the legal representatives of the deceased Appellant No.2 on record.

Key takeaways

The delay of 500 days in filing the application to bring the legal representative/widow of the deceased Respondent is condoned, abatement of the appeal against the Respondent is set aside, and permission is granted to bring the legal representative/widow of the deceased Respondent on record.ratio¶27
A necessary amendment is to be carried out in the cause-title of the Second Appeal (directed in respect of both sets of applications), and the civil applications are disposed of accordingly.ratio¶20

Detailed headnote1 paragraphs

Bombay High Court (Nagpur Bench), Rohit W. Joshi, J., 07-05-2025 — In Second Appeal No. 112 of 2019 (Shrikant Prasanna Padhye & Anr. V/s Ghanshyam Ramgopalji Khandelwal (dead) through L.Rs.), Civil Applications CAS Nos. 456/2025 to 458/2025 were disposed of by condoning the delay of 130 days in filing the application to bring the legal representatives of deceased Appellant No.2 on record, setting aside the abatement of the appeal against Appellant No.2, and permitting his legal representatives to be brought on record. Likewise, Civil Applications CAS Nos. 459/2025 to 461/2025 concerning the deceased Respondent were disposed of by condoning the delay of 500 days in filing the application to bring the legal representative/widow of the deceased Respondent on record, setting aside the abatement against the Respondent, and permitting the legal representative/widow to be brought on record. Necessary amendment in the cause-title of the Second Appeal was directed in both sets of cases. None appeared for the Respondents even on second call. The order records no independent reasons; it acts "for the reasons mentioned in" the applications, and cites no statutory provision or precedent.

1/3 908.cas.456.2025 aw connected applns. in sa.112.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

CIVIL APPLICATION (CAS) NO. 456 OF 2025 WITH

CIVIL APPLICATION (CAS) NO. 457 OF 2025 WITH

CIVIL APPLICATION (CAS) NO. 458 OF 2025 WITH

CIVIL APPLICATION (CAS) NO. 459 OF 2025 WITH CIVIL APPLICATION (CAS) NO. 460 OF 2025 WITH CIVIL APPLICATION (CAS) NO. 461 OF 2025

IN

SECOND APPEAL NO. 112 OF 2019

(Shrikant Prasanna Padhye & Anr. V/s Ghanshyam Ramgopalji Khandelwal (dead) through L.Rs.)

Office Notes, Office Memoranda of Coram, Appearances, court’s orders or directions and Registrar’s orders

Court’s or Judge’s orders

Mr. Yash Kullarwar, Advocate i/by Mr. M. Anilkumar Shankarlal, Advocate for Appellants. None for the Respondents.

CORAM : ROHIT W. JOSHI, J. DATE : MAY 07, 2025.

CIVIL APPLICATION (CAS) NOS. 456/2025, 457/2025 AND 458/2025.

. None present for the Respondents even on second call.

These Applications are filed for condonation of delay in filing application for bringing legal representatives of deceased

2/3 908.cas.456.2025 aw connected applns. in sa.112.2019.odt

Appellant No.2 on record, setting aside abatement and for bringing legal representatives of the Appellant No.2 on record.

For the reasons mentioned in these Applications, delay of 130 days caused in filing application for bringing legal representatives of deceased Appellant No.2 on record is hereby condoned, abatement of Appeal against Appellant No.2 is set-aside and permission is granted to bring the legal representatives of deceased Appellant No.2 on record.

Necessary amendment be carried out in cause-title of the Second Appeal.

Civil Applications are disposed of accordingly.

CIVIL APPLICATION (CAS) NOS. 459/2025, 460/2025 AND 461/2025

. None present for the Respondents even on second call.

These Applications are filed for condonation of delay in filing application for bringing legal representative/widow of deceased Respondent on record, setting aside abatement and for bringing legal representative/widow of the deceased Respondent on record.

For the reasons mentioned in these Applications, delay of 500 days caused in filing application for bringing legal representative/widow of deceased Respondent on record is hereby

3/3 908.cas.456.2025 aw connected applns. in sa.112.2019.odt

condoned, abatement of Appeal against Respondent is set-aside and permission is granted to bring the legal representative/widow of deceased Respondent on record.

Necessary amendment be carried out in cause-title of the Second Appeal.

Civil Applications are disposed of accordingly.

(ROHIT W. JOSHI, J.)

vijaya

Signed by: Mrs. V.G. Yadav Designation: PA To Honourable Judge Date: 08/05/2025 19:19:01