Allowed¶24

Chairman, St.John the Baptist Church v. K.O. Jose and Ors.

Bombay HC7 May 2026IA/3548/2026

Case brief

AI extract

What is this about?

Bombay High Court; I.A. No. 3548 of 2026 in W.P. No. 1975 of 2001; condonation of delay 3 years 9 months; bringing legal heirs of deceased respondent on record; Respondent No. 1 expired 07.09.2022; death certificate served 10/02/2026; School Tribunal; re-instatement; back-wages; sufficient cause; amendment by 01.06.2026; application allowed; M. M. Sathaye, J.; decided 07.05.2026.

What did the court decide?

Delay of 3 years and 9 months in filing the application condoned; Applicants/Petitioners permitted to bring the proposed legal heirs of deceased Respondent No. 1 on record; amendment to be carried out on or before 01.06.2026. ¶24

Chairman, St.John the Baptist Church vs K.O. Jose and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the delay of 3 years and 9 months in filing the application for bringing the legal heirs of the deceased Respondent No. 1 on record ought to be condoned. +1 more

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Court's answer

Sufficient cause is made out for condonation of the delay of 3 years and 9 months in filing the application to bring the legal heirs of the deceased Respondent No. 1 on record.

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Ratio / Principle

Given the nature of the controversy in the Petition (re-instatement and back-wages of the deceased Respondent No. 1), it is necessary that the legal heirs are brought on record.

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Key takeaways

The Application is allowed and the delay is condoned; the Applicants/Petitioners are permitted to bring the proposed legal heirs of Respondent No. 1 on record, with the amendment to be carried out on or before 01.06.2026.ratio¶24

Detailed headnote1 paragraphs

Bombay High Court (M. M. Sathaye, J.) allowed Interim Application No. 3548 of 2026 in Writ Petition No. 1975 of 2001, which sought to bring the legal heirs of the deceased Respondent No. 1 on record with condonation of a delay of 3 years and 9 months. Respondent No. 1 expired on 07.09.2022, but the Petitioners (Management) learnt of the death only on or about 10/02/2026, when a photocopy of the death certificate and details of the legal heirs were served on their advocate — a fact recorded in this Court's order dated 10.02.2026. The Petition arises out of a School Tribunal order concerning re-instatement and back-wages of the deceased Respondent No. 1, making it necessary to bring the heirs on record. Held: sufficient cause made out; delay condoned; Applicants/Petitioners permitted to bring the proposed legal heirs on record, amendment to be carried out on or before 01.06.2026. Advocate for Respondent No. 1 waived service for the proposed heirs; no reply filed.

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15.IA.3548.2026.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 3548 OF 2026 (NOT ON BOARD. TAKEN ON BOARD) IN

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WRIT PETITION NO. 1975 OF 2001

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Chairman, St. John The Baptist Church & Anr. ...Applicants Versus

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Shri K. O. Jose & Ors. ...Respondents

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Mr. Arvind G. Kothari for the Applicants

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Mr. Saurabh Mishra for the Respondent No. 1

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Ms. Leena Patil, ‘B’ Panel Advocate for the Respondent-State.

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CORAM : M. M. SATHAYE, J.

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DATED : 7^th MAY 2026

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P.C.:

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Heard learned Counsel for the parties.

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This is an Application for bringing legal heirs of the deceased Respondent No. 1 on record. The proposed legal heirs of the Respondent No. 1 are shown in the schedule. There is delay of 3 years and 9 months in filing the Application.

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Learned Counsel for the Applicants pointed out the averments in the Application, wherein it is stated on oath that the though the Respondent No. 1 expired on 07.09.2022, the fact of death came to the notice of the Petitioners (Management) on or about 10/02/2026 when photocopy of the death certificate and details of the legal heirs were served upon the advocate for the Applicant/Petitioner. He further points out that this fact is recorded

akn

15.IA.3548.2026.doc

in the order of this Court dated 10.02.2026. It is submitted that thereafter appropriate Application is filed as soon as possible.

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Advocate for Respondent No.1 waives service for the proposed legal heirs. No reply is filed.

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The Petition is arising out of the order of School Tribunal, which is about re-instatement and back-wages of the deceased Respondent No. 1. Considering the nature of controversy involved, it is necessary that legal heirs are brought on record.

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In that view of the matter and considering the averments in the application, sufficient cause is made out.

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The Application is allowed. Delay is condoned. The Applicants/Petitioners are permitted to bring the proposed legal heirs of the Respondent No. 1 on record. Amendment to be carried out on or before 01.06.2026.

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(M. M. SATHAYE, J.)

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¶27

akn

Chairman, St.John the Baptist Church v. K.O. Jose and Ors.

Case brief

What is this about?

What did the court decide?

Chairman, St.John the Baptist Church v. K.O. Jose and Ors.

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

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