Allowed¶17

Chandrabhaga Bhimrao Naiknaware v. Bhagubai Bhikaji Jagtap

Bombay HC1 Dec 2025IA/12286/2025

Case brief

AI extract

What is this about?

Condonation of delay; legal heir brought on record after death of sole respondent during pendency; sufficient cause; conditional allowance subject to costs of Rs.5,000/-; impleadment/substitution of heir; necessary amendment within 2 weeks; Interim Application No. 12286 of 2025 in Writ Petition No. 7985 of 2004; Bombay High Court; M.M. Sathaye, J.; order dated 2 December 2025; death certificate dated expiry 21.01.2022; no limitation statute or precedent cited.

What did the court decide?

Delay of about 2 years and 339 days condoned; applicants permitted to bring the proposed legal heir of the deceased sole respondent on record, subject to payment of costs of Rs.5,000/- to the proposed respondent within 2 weeks; necessary amendment to be carried out within 2 weeks. ¶17

Chandrabhaga Bhimrao Naiknaware vs Bhagubai Bhikaji Jagtap — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶17

Issue for consideration

Whether the delay of about 2 years and 339 days in filing the application to bring the legal heir of the deceased sole respondent on record should be condoned.

¶13

Court's answer

Considering the averments made in the application and the extent of delay (about 2 years and 339 days), sufficient cause was made out for condonation, subject to costs.

¶13

Ratio / Principle

The application was allowed and the delay condoned; the applicants were permitted to bring the proposed legal heir of the deceased respondent on record, conditional on payment of costs of Rs.5,000/- to the proposed respondent within two weeks.

¶17

Key takeaways

Necessary amendment to carry out the substitution was directed to be completed within a period of 2 weeks, and the interim application was disposed of in those terms.ratio¶18

Detailed headnote1 paragraphs

Bombay High Court (M.M. Sathaye, J.), order dated 2 December 2025 in Interim Application No. 12286 of 2025 in Writ Petition No. 7985 of 2004: the Court condoned a delay of about 2 years and 339 days in filing an application to bring on record the legal heir of the sole respondent (Smt. Bhagubai Bhikaji Jagtap), who had expired during the pendency of the petition on 21.01.2022 as per the death certificate produced on record. Holding that sufficient cause was made out on the averments in the application and the extent of delay, the Court allowed the application subject to costs of Rs.5,000/- payable by the applicants to the proposed respondent within two weeks, permitted impleadment of the proposed legal heir (named in paragraph 7 of the application, for whom counsel for the respondent had instructions to appear), directed necessary amendment within two weeks, and disposed of the interim application in those terms. No statute or precedent was cited.

Chandrabhaga Bhimrao Naiknaware v. Bhagubai Bhikaji Jagtap

Case brief

What is this about?

What did the court decide?

Chandrabhaga Bhimrao Naiknaware v. Bhagubai Bhikaji Jagtap

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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