Allowed¶17

Mahendra Sakharam Keni Lrs. of Appellant No. 5 Shashikala Sakharam Patil/ Keni and Ors. v. Kailashchandra Babulal Deora and Anr.

Bombay HC26 Feb 2025IA/6881/2024

Case brief

AI extract

What is this about?

Condonation of delay - legal heirs of deceased appellant brought on record - abatement - right to sue survives - admitted first appeal - communication between litigant and advocate after admission - amendment within four weeks - High Court of Judicature at Bombay - Sharmila U. Deshmukh, J. - Interim Application No. 6881 of 2024 in First Appeal No. 575 of 2000 - decided April 17, 2025.

What did the court decide?

Delay of almost 10 years condoned; legal heirs of deceased Appellant No.5 permitted to be brought on record by amendment, to be carried out within four weeks. ¶17

Mahendra Sakharam Keni Lrs. of Appellant No. 5 Shashikala Sakharam Patil/ Keni and Ors. vs Kailashchandra Babulal Deora and Anr. — Bombay HC (2025) — LawSathi Research

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98 Ia-6881-2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 6881 OF 2024 IN

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FIRST APPEAL NO. 575 OF 2000

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Mahendra Sakharam Keni and Others. ...Applicants. In the matter between : Parshuram Khanderao Gopal Patil and Others. ...Appellants. Versus Kalischandra Babulal Deora and Others. ...Respondents.

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K. D. Shah for the Appellant. Rakesh Pande and Ashutosh Shukla for the Respondent No. 1

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——————

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Coram : Sharmila U. Deshmukh, J. Date : April 17, 2025.

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P. C. :

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1. Interim Application has been preferred for bringing on record

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the legal heirs of deceased Appellant No.5 and for condonation of delay.

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2. Learned Counsel appearing for the Respondent No.1 submits that the Appellant No.5 expired on 30^th April 2013 and the present Application is filed after the delay of almost 10 years.

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3. First Appeal is of the year 2000 and has already been admitted. Appellant No.5 expired in the year 2013. It is matter of common

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1 of 2

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Patil-SR

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98 Ia-6881-2024.doc

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knowledge that once Appeal is admitted, there is hardly any communication between the litigant and Advocate on record and it is only when the Appeal is listed for final hearing, that for obtaining necessary instructions, communication is established. The Application specifically pleads that it is only when the matter was listed on board that the Advocate on record was informed about the death of Appellant No. 5 and thereafter the present Application has been taken out. Pertinently, the cause of action does not abate as there are other Appellants and as such the right to sue survives. In view thereof, though there is delay, in the circumstances of the case, delay is condoned and Interim Application is allowed. Amendment to be carried out within four weeks from today.

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[Sharmila U. Deshmukh, J.]

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2 of 2

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Patil-SR

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Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 23/04/2025 20:45:00

Mahendra Sakharam Keni Lrs. of Appellant No. 5 Shashikala Sakharam Patil/ Keni and Ors. v. Kailashchandra Babulal Deora and Anr.

Case brief

What is this about?

What did the court decide?

Mahendra Sakharam Keni Lrs. of Appellant No. 5 Shashikala Sakharam Patil/ Keni and Ors. v. Kailashchandra Babulal Deora and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Coram

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