Sayabai Vikram Baviskar. Vs Durgabai Ramdas Sapkale and Others. — Bombay HC (2025) — LawSathi Research

Sayabai Vikram Baviskar. Vs Durgabai Ramdas Sapkale and Others. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay in filing the application for setting aside abatement condoned; abatement order (if any) set aside; applicant/legal representative brought on record; amendment to be carried out in the second appeal within a week and copy of amended memo supplied to respondents within one week thereafter, failing which the second appeal shall stand dismissed without reference to the Court; second appeal listed on 09 October 2025.

Issue for consideration

Whether the delay in filing the application for setting aside the abatement of the sole appellant should be condoned, the abatement order set aside, and the legal representative brought on record.

Court's answer

The delay in filing the application for setting aside the abatement order is condoned and the abatement order, if any, is set aside.

Ratio / Principle

The name of the applicant, legal representative of the original appellant, is to be brought on record.

Key takeaways

Conditional direction: the applicant must carry out the amendment in the second appeal within a week and supply a copy of the amended memo to the respondents within one week thereafter, failing which the second appeal shall stand dismissed without reference to the Court.ratio¶¶19

Detailed headnote1 paragraphs

Condonation of delay - abatement - Bombay High Court, Aurangabad Bench (Abhay J. Mantri, J.) allowed Civil Application No. 2748 of 2025 in Second Appeal No. 322 of 1995. The sole appellant died on 16.09.2004 while the appeal, admitted on 24.08.1995, was pending final hearing; her legal representative learnt of the death only on 22.02.2025 and promptly moved the application. Holding the explanation sufficient and acting in the interest of justice, the Court condoned the delay, set aside the abatement order, if any, and brought the legal representative on record, subject to the applicant carrying out the amendment within a week and supplying the amended memo to the respondents within a further week, failing which the second appeal to stand dismissed without reference to the Court; appeal listed on 09.10.2025.

934-CA-2748-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

CIVIL APPLICATION NO. 2748 OF 2025 IN

SECOND APPEAL NO. 322 OF 1995

Sayabai Vikram Baviskar (Died) Through her sole L.R. Madhukar Vikram Baviskar ..APPLICANT

VERSUS

Durgabai Ramdas Sapkale and Others

..RESPONDENTS

Mr. R.F. Totala, Advocate for the applicant Mr. S.V. Dixit, Advocate h/f Mr. V.J. Dixit, Advocate for respondent nos.1 to 6

CORAM : ABHAY J. MANTRI, J. DATE : 25^th SEPTEMBER, 2025

PER COURT :

The applicant, legal representative of the original appellant, has moved this application to condone the delay in filing the application for setting aside the abatement order of the sole appellant, for setting aside the abatement order, as well as for bringing his name on record.

Learned counsel for the applicant also submitted that he has served notice of the application on the other side. Despite the service of notice, none appear on their behalf.

Learned counsel for the Respondent Nos. 1 to 6 formally objected to the application.

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934-CA-2748-25.odt

Perused the application and record. It appears that in the year 1995, by order dated 24^th August, 1995, the second appeal was admitted, and it was pending for final hearing. Therefore, the original appellant could not contact the learned counsel. During the pendency of the appeal, on 16^th September 2004, the original appellant expired. However, the said fact came to the knowledge of learned counsel for the applicant for the first time on 22^nd February, 2025, and thereafter he has filed this application.

Having considered the reasons disclosed in the application, in the interest of justice, I deem it appropriate to condone the delay in filing the application for setting aside the abatement order, set aside the abatement order, if any, passed, and to bring the name of the applicant /legal representative of the original appellant on record.

In view of the above, the civil application is allowed as prayed for. The applicant is to carry out the amendment in the second appeal within a week and supply a copy of the amended memo to the respondents within one week thereafter, failing which the second appeal shall stand dismissed without reference to the Court. List the second appeal on 09^th October, 2025.

( ABHAY J. MANTRI, J. )

SSD

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