SHANTANU RAMCHANDRA KELKAR AND ANR. v. THE LD. MAHARASHTRA REVENUE TRIBUNAL MUMBAI AND ORS.
IA/1356/2026 · 2026-09-09
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[ 2025 DAILYLAW 4602 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4602 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
25-WP-12774-2025 (C).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1356 OF 2026 IN WRIT PETITION NO. 12774 OF 2025 Shantanu Ramchandra Kelkar And Anr. ...Applicants Versus The Ld. Maharashtra Revenue Tribunal Mumbai And Ors. ...Respondents WITH INTERIM APPLICATION NO. 1358 OF 2026 IN WRIT PETITION NO. 12774 OF 2025 Shantanu Ramchandra Kelkar And Anr. ...Applicants Versus The Ld. Maharashtra Revenue Tribunal Mumbai And Ors. ...Respondents ….. Adv. Bal Patil, Advocate for Applicants/Petitioners. Mr. J. P. Patil, AGP for Respondents-State in IA/1356/2026. Mr. Sanjay D. Rayrikar, AGP for the Respondents-State in IA/1358/2026. …..
CORAM : SHAILESH P. BRAHME, J.
DATE : 9th SEPTEMBER, 2026.
P.C. :
INTERIM APPLICATION NO. 1356 OF 2026 By this application, the applicants seek to condone the delay of ZIP 1 of 3
25-WP-12774-2025 (C).doc 2567 days and to delete the name of the respondent No.16 from the title clause of the petition.
2. The learned counsel for the applicants points out that the respondent No.16 – Sangeeta Sadanand Varekar, is survived by respondent Nos.17 to 20. As legal heirs are already on record, there is no need to supply copies and re-issue notices to them.
3. The cause of action survives as against the heirs of the deceased party respondent. The delay cannot be said to be intentional.
4. For the reasons stated in the application, the application is allowed and the delay stands condoned. The respondent No.17 to 20 shall be treated to be legal heirs of respondent No.16. Accordingly, the application stands disposed of.
INTERIM APPLICATION NO. 1358 OF 2026
5. By this application, the applicants seek to condone the delay of 8231 days in setting aside the abatement and bringing leal heirs of respondent Nos.21 and 23 on record. They are survived by respondent Nos.15 and 22, proposed heirs of respondent Nos.21 and 23. The cause of action survives as against the heirs mentioned above. They are necessary parties. There are no mala fides on the part of the applicants.
6. For the reasons stated in the application, the application is ZIP 2 of 3
25-WP-12774-2025 (C).doc allowed and the delay stands condoned. Abatement, if any, is set aside. The respondent Nos.15 and 22 shall be treated to be the heirs of respondent Nos.21 and 23. Accordingly, interim application stands
disposed of.
[ SHAILESH P. BRAHME, J.] ZIP 3 of 3