Dadarao Changdeo Hore v. Bapu Laxman Ambare And Another

2025:BHC-AUG:26205 1 30-CA 10064-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10064 OF 2025 IN WP/3718/2007 Dadarao Changdeo Hore .. Applicant

Versus

Bapu Laxman Ambare And Another .. Respondents Mr. N. L. Jadhav, Advocate for the Applicant. Mr. Sanjay N. Gaikwad, Advocate h/f Mr. Niteen N. Gaware, Advocate for Respondent No. 1.

CORAM : KISHORE C. SANT, J.

DATE : 23rd SEPTEMBER, 2025.

PER COURT :- .

Heard learned advocate for the applicant and learned advocate for respondent No. 1.

2.

This application is for substitution of the petitioner. The petition was filed in the year 2007 by the then President of the institution. The petition was admitted on 04.09.2008. Interim relief is also granted. The petition was placed for final hearing on board dated 31.07.2025. It is upon that, the learned advocate for the petitioner sent communication to the Headmistress of the

2 30-CA 10064-2025.odt school. It is upon that the Headmistress informed that the earlier President name late Maruti Laxman Solankar expired on 13.04.2021. It is only thereafter the society passed a resolution and authorized the present applicant to look after the petition in the capacity as President. In the meantime, there is delay of 1602 days caused in filing this application.

3.

The learned advocate Mr. Jadhav for the applicant submits that, delay is purely accidental and not intentional. The party was unaware of listing of the petition and that the steps are required to be taken. Since there was lack of communication, delay is caused. He submits that, the delay deserves to be condoned and the application needs to be allowed.

4.

The learned advocate for respondent No. 1 opposes the application mainly on the ground of delay.

5.

Considering the facts stated above, this Court finds that, the interest of justice requires to condone the delay. Therefore, delay is condoned.

The application is allowed.

Necessary amendment/corrections/substitution be carried out in the cause title of the writ petition and civil applications, if any, within two

3 30-CA 10064-2025.odt weeks from today.

6.

With this, civil application stands disposed of. ( KISHORE C. SANT, J. ) P.S.B.