Smt. Indrarani Ugarsen vs Dy Collector and Competent Authority and Ors. — Bombay HC (2026) — LawSathi Research

Smt. Indrarani Ugarsen vs Dy Collector and Competent Authority and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Condonation of the 7 years 252 days' delay in filing Interim Application No.1213 of 2026; setting aside of any abatement as against deceased Respondent No.3; impleadment of his heirs/legal representatives as Respondent Nos.3(a) to 3(d) with amendment of the cause title of Writ Petition No.3105 of 1995; amendments to be carried out within two weeks and amended proceedings served within a further two weeks with affidavit of service; Writ Petition to be listed on 23 April 2026.

Issue for consideration

Whether the delay of 7 years and 252 days in filing Interim Application No.1213 of 2026 (moved to bring the heirs of deceased Respondent No.3 on record) should be condoned. +2 more

Court's answer

The Court held that the delay of 7 years and 252 days in filing the Interim Application be condoned.

Ratio / Principle

The Court held that any abatement as against the deceased Respondent No.3 be set aside.

Key takeaways

The Court held that the legal representatives of the deceased Respondent No.3, as contained in the Interim Application, be brought on record (as Respondent Nos.3(a) to 3(d)).ratio¶26
The Interim Application was allowed in terms of prayer clauses (a), (b) and (c) of the application.ratio¶27
The Interim Application accordingly stood allowed and disposed of by the same order.ratio

Detailed headnote1 paragraphs

Bombay High Court (Civil Appellate Jurisdiction), Abhay Ahuja J., order dated 5 March 2026: Interim Application No.1213 of 2026 in Writ Petition No.3105 of 1995 allowed. The Court condoned a delay of 7 years and 252 days in moving the IA, set aside any abatement caused by the death of Respondent No.3, and permitted Petitioner/Applicant Smt. Indrarani Ugarsen to bring the deceased respondent's heirs/legal representatives on record as Respondent Nos.3(a) to 3(d) and to amend the cause title, in terms of prayer clauses (a)-(c). Counsel for Respondent Nos.3 to 53 waived service and raised no objection. Amendments within two weeks; amended papers to be served within a further two weeks with affidavit of service; Writ Petition listed for 23 April 2026. Purely procedural revival/impleader order; no statute or precedent cited.

5(1)-WP-3105-1995.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO.1213 OF 2026

IN

WRIT PETITION NO.3105 OF 1995

Smt. Indrarani Ugarsen … Applicant In the matter between: Smt. Indrarani Ugarsen … Petitioner

V/s.

SHARADA RANGNATH WAHULE

Dy. Collector (Encro.)And Competent Authority And Ors. … Respondents

Digitally signed by SHARADA RANGNATH WAHULE Date: 2026.03.07 16:50:48 +0530

Mr. Pradeep Thorat i/b Ms. Aditi Naikare, Advocate for Petitioner / Applicant.

Ms. Vaishali P. Benere a/w. Mr. Kamalakar L. Koli, Advocate for Respondent Nos.3 to 53.

Mr. Sandip Babar, AGP for State/Respondent No.2.

CORAM : ABHAY AHUJA, J. DATED : 5^th MARCH 2026

P.C.:

INTERIM APPLICATION NO.1213 OF 2026

This Interim Application seeks to bring on record the heirs of

deceased Respondent No.3 after condoning the delay of 7 years and 252 days and setting aside the abatement.

When the matter is called out, Mr. Thorat, learned counsel

appears for the Applicant, and submits that only recently information

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Sharada

5(1)-WP-3105-1995.doc

with respect to the death of the Respondent No.3 and the legal representatives were furnished and therefore soon thereafter, the Interim Application has been filed.

Ms. Benere, learned counsel appearing for the legal heirs of deceased Respondent No.3 has no objection if the Interim Application is allowed and the legal representatives are brought on record.

Having heard the learned counsel and having considered the submissions, this Court is of the view that the delay be condoned, the abatement be set aside, and the legal representatives of the deceased Respondent No.3 as contained in the Interim Application be bought on record.

The Interim Application accordingly, stands allowed in terms of prayer clauses (a), (b) and (c) which read thus:-

“(a) That by an Order of this Hon’ble Court, the delay of 7 years 252 days caused in filing the present Interim Application may kindly be condoned.

(b) That by an Order of this Hon’ble Court abatement if any as against the Respondent No.3 be set aside.

(c) That by an Order of this Hon’ble Court, Applicant be permitted to bring the proposed Respondent Nos.3(a) to 3(d) as Respondent Nos.3(a) to 3(d) being the heirs and legal representatives of the deceased Respondent No.3 and be permitted to amend the Cause title in Writ Petition No.3105 of 1995”.

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Sharada

5(1)-WP-3105-1995.doc

Let the amendments be carried out within a period of two weeks, and the amended proceedings be served within two weeks thereafter and an appropriate affidavit of service be filed.

Ms. Benere, learned counsel appearing for the Respondents, waives service.

The Interim Application accordingly, stands allowed and disposed as above.

List the Writ Petition on 23^rd April, 2026 .

( ABHAY AHUJA J.)

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Sharada