Bombay High Court

YOGRAJ JANRAO PATIL AND ORS.versusTHE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, JALGAON AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court allowed the application, condoned the delay, quashed any abatement, and ordered amendment of the appeal title to include the legal representatives.

Summary

During the pendency of a first appeal, two original respondents, Ishwarsing Patil and Shantabai Patil, died. The applicants filed a civil application seeking to bring the legal representatives of the deceased respondents onto the appeal record, alleging that the representatives were unaware of the proceedings. The court examined whether the delay of 702 days for one representative and 3,737 days for the other could be condoned and whether any abatement of the appeal should stand. Relying on procedural principles, the judge condoned the delay, quashed any abatement, and ordered the appellants to amend the title clause to include the new representatives. The application was allowed and subsequently disposed.

Issues considered

Whether the delay of 702 and 3,737 days in filing the application to bring legal representatives on record can be condoned.
Whether any abatement of the appeal should stand due to the death of original respondents.
Whether the appeal title clause can be amended to incorporate the legal representatives of the deceased respondents.

Subjects

legal representatives
death of parties
condonation of delay
abatement
amendment of pleadings
civil procedure

Judgment

                                 1
                                               948-ca-10172-2026

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

    CIVIL APPLICATION NO. 10172 OF 2026 IN FA/266/2022

                  Yograj Janrao Patil And Ors.
                            VERSUS
 The State Of Maharashtra, Through The Collector, Jalgaon
                           And Ors.
                               ...
Mr. A. A. Pawar, Advocate for Applicants
Mr. A. V. Lavte, AGP for Respondent-State
Mr. A. D. Pawar, Advocate for Respondent nos.3 and 4
                               ...
                             WITH
  CIVIL APPLICATION NO. 2268 OF 2022 IN FA/266/2022
                             WITH
  CIVIL APPLICATION NO. 2272 OF 2022 IN FA/269/2022
                             WITH
 CIVIL APPLICATION NO. 10173 OF 2026 IN FA/266/2022
                              …..
                     CORAM : AJIT B. KADETHANKAR, J.
                       DATED : 04TH SEPTEMBER, 2026
P.C. :-

CIVIL APPLICATION NO. 10173 OF 2026

.         It is submitted that during the pendency of the First

Appeal, the respondent no.2 namely Ishwarsing Patil and

respondent no.3 namely Shantabai Patil are died. The present

Civil Application is filed for bringing their respective legal

representatives on record in the appeal proceedings. There is

delay of 702 and 3737 days respectively caused in filing the

present Civil Application.
                               2
                                                948-ca-10172-2026

2.    Heard Mr. A. A. Pawar, learned Advocate for the

applicant, learned AGP for respondents-State and Mr. A. D.

Pawar, learned Advocate for respondent nos.3 and 4.

3.    It is stated that the legal representatives of the deceased

original respondents were unaware of the present proceedings

and hence could not approach their Advocates earlier. It is

further submitted that the present applicant no.1 and the

proposed legal representatives of deceased respondent no.2

are the legal representatives of deceased original respondent

no.3 – Shantabai Patil.

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

following order:

                            ORDER

      a.    Civil Application stands allowed.
      b.    Delay of 702 and 3737 days caused in filing
      the present application stands condoned.
      c.     Abatement if any, stands quashed and set
      aside.
      d.    The appellants shall amend the title clause
      of the appeal and the applications therein by
      incorporating the names of present applicant
      nos.2A to 2G as legal representatives of original
      respondent no.2- Ishwarsing Patil.
                                    3
                                                    948-ca-10172-2026

        e.    As the legal representatives of deceased
        original respondent no.3 namely Shantabai Patil
        are already on record, there is no necessity to
        bring them on record separately.
        f.       Amendment be carried out forthwith.
        g.       Civil Application stands disposed of.


CIVIL APPLICATION NO. 2268 OF 2022
CIVIL APPLICATION NO. 2272 OF 2022
CIVIL APPLICATION NO. 10173 OF 2026

.       Stand over to 21.09.2026.



                                        ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026

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