Bombay High Court

SMT.INDUBAI GOVINDA KAPADE DIED THROUGH LEGAL REPR. JAGANNATH AND ORS.versusTHE EX. ENGINEER, MINOR IRRIGATION DIVISION, JALGAON AND ANR.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court allowed the amendment of the appeal’s title clause to include the deceased appellant’s legal representatives and permitted the claimants to withdraw the deposited compensation amount with interest upon furnishing a standard undertaking.

Summary

During the pendency of a first appeal, the appellant Smt. Indubai Govinda Kapade died, prompting her legal representatives to seek amendment of the appeal's title clause to include the new representatives. The court allowed this amendment, directing the appellant to incorporate the names of the present applicants as legal representatives and quashing any abatement. In a separate application, the claimants, who are land owners whose property was compulsorily acquired, applied to withdraw the amount deposited by the acquiring body, citing their need for compensation for livelihood, education, and medical expenses. Relying on a prior order in Civil Application No.8458 of 2026, the court permitted the withdrawal of the deposited balance with interest, subject to a standard undertaking. Both applications were consequently allowed and disposed of. The orders ensure that procedural rights of the deceased appellant's representatives are protected and that the claimants can access the compensation funds held by the court.

Issues considered

Whether the title clause of an appeal can be amended to reflect the legal representatives of a deceased appellant.
Whether the claimants can withdraw the amount deposited by the acquiring body pending compensation.

Subjects

Amendment of title clause
Death of appellant
Compulsory acquisition
Compensation withdrawal
Civil application
Abatement quashed
Legal representatives

Judgment

2026:BHC-AUG:41276

1
945-ca-10156-2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

CIVIL APPLICATION NO. 10156 OF 2026
IN FA/3809/2023

Smt. Indubai Govinda Kapade Died Through Legal Repr.
Jagannath And Ors.
VERSUS
The Ex. Engineer, Minor Irrigation Division Jalgaon And Anr.
...
Mr. A. H. Koralkar, Advocate for Applicants
Mr. K. B. Jadhavar, AGP for Respondent-State
Mr. A. D. Pawar, Advocate for Respondent no.1
...
WITH
CIVIL APPLICATION NO. 10157 OF 2026
IN FA/3809/2023
…..
CORAM : AJIT B. KADETHANKAR, J.
DATED : 04TH SEPTEMBER, 2026

P.C. :-

CIVIL APPLICATION NO. 10156 OF 2026

. It is submitted that during pendency of the First Appeal,

claimant-Indubai Govinda Kapade died on 10.06.2026 and

hence, this Civil Application is filed by the legal

representatives of deceased Indubai. It is stated that the cause

to defend the First Appeal survives in the present applicants.

Hence, a prayer is made to allow the application and to direct

the appellant to amend the title clause of the First Appeal and

the applications therein.
2
945-ca-10156-2026

2. Mr. A. D. Pawar, learned Advocate for the Acquiring

Body has no objection to allow such application.

3. In view of the above, I pass following order:

ORDER

a. Civil Application stands allowed.
b. The appellant is directed to amend the title
clause of the First Appeal and the applications
therein by incorporating the names of present
applicant nos.1A to 1D as legal representatives of
deceased Indubai Kapade.
c. Let such amendment be carried out
forthwith.
d. Abatement if any, is quashed and set aside.
e. Civil Application stands disposed of.

CIVIL APPLICATION NO. 10157 OF 2026

. This application is filed by the claimants seeking

withdrawal of the amount deposited by the Acquiring Body in

this Court.

2. Learned Advocate for the applicants-claimants submits

that the applicants are the land losers whose land has been

acquired under the compulsory acquisition. It is further

submitted that the applicants are in need of compensation

amount for their livelihood, education of their children and

medical expenses. Learned Advocate for the Applicants also
3
945-ca-10156-2026

places reliance on the order passed by this Court in Civil

Application No.8458 of 2026 in First Appeal No.2886 of 2026

dated 04.08.2026 whereby the the applicants therein were

permitted to withdraw the amount deposited by the Acquiring

Body before this Court. In view of the same, he prays that the

applicants be permitted to withdraw the amount deposited by

the Acquiring Body.

3. Learned Advocate for the Acquiring Body prays to pass

the appropriate order.

4. For the reasons stated in the application, I pass

following order:

ORDER

a. Civil Application stands allowed.
b. The applicants are permitted to withdraw
the balance amount alongwith interest accrued
thereon deposited by the Acquiring Body in this
Court upon furnishing usual undertaking to the
satisfaction of the learned Registrar (Judicial) of
this Court.
c. Civil Application stands disposed of.

( AJIT B. KADETHANKAR, J. )

Rushikesh/2026

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