Bombay High Court
GANPATI RAJARAM MANE SINCE DECEASED THR HIS LRS GOVINDRAO AND ANR.versusTHE EX. ENGINEER, MEDIUM PROJECT, DIVISION, LATUR AND ANR.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court allowed the application, condoned the delay, quashed any abatement, and ordered amendment of the cause title to include the legal representatives.
Summary
The original claimant, Ganpati Rajaram Mane, died during the pendency of a First Appeal, leaving his legal representatives as applicants. The applicants filed a civil application seeking to amend the cause title of the appeal to include their names as legal representatives of the deceased and to condone a delay of 1,339 days in filing the application. The respondents and the Attorney General of the State did not oppose the relief. The Court examined whether such a delay could be condoned and whether the abatement, if any, could be set aside. It held that the application should be allowed, condoned the delay, quashed any abatement, and directed the appellants to amend the cause title within four weeks. Consequently, the appeal can proceed with the correct parties named.
Issues considered
- Whether a delay of 1,339 days in filing a civil application for amendment of cause title can be condoned.
- Whether the court can set aside any abatement and allow the amendment of the cause title to include the legal representatives of a deceased claimant.
Subjects
- amendment of cause title
- legal representatives
- condonation of delay
- abatement
- civil procedure
Judgment
2026:BHC-AUG:41900
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD.
22 CIVIL APPLICATION NO.10240 OF 2026
IN
FIRST APPEAL NO.1104 OF 2019
Ganpati Rajaram Mane (Since Deceased)
Thr His LRs Govindrao And Anr.
Versus
The Ex. Engineer, Medium Project, Division,
Latur And Anr.
…..
Shri. Yashraj H. Gaherwar h/f. Shri. V.D. Gunale, Advocate for Applicants
Shri. S. C. Arora, Advocate for Respondent No.1
Shri. S. N. Kendre, AGP for the State.
…..
CORAM : AJIT B. KADETHANKAR, J.
Dated : SEPTEMBER 07, 2026
PER COURT :-
1. Heard the learned Advocate for the Applicants, the learned
Advocate for Respondent No.1 and the learned AGP for the State.
2. It is submitted by the learned Advocate for the Applicants that
during the pendency of the First Appeal the original Claimant namely
Ganpati Rajaram Mane died leaving behind the present Applicants as his
legal representatives. By way of this Application directions are sought to
amend the cause title of the First Appeal by incorporating the names of
the Applicants as the legal representatives of deceased - Ganpati
Rajaram Mane. Further, there is a delay of 1339 days in filing the
Application. It is submitted that for want of knowledge of the present
proceedings, the Applicants could not approach their learned Advocate
2
within time resulting in the delay. Hence, the present Civil Application
filed for incorporating the names of the Applicants as legal
representatives of the deceased - Ganpati Mane in cause title of First
Appeal as well as for condonation of delay may be allowed.
3. Shri. S. C. Arora, the learned Advocate for the Respondent No.1
and Shri. S. N. Kendre, the learned AGP for the State fairly submit that
appropriate orders may be passed.
4. Having regard to the aforesaid submissions and for the reasons
stated in the Application, the Application deserves to be allowed. Hence
I pass the following order.
ORDER
(i) The Civil Application is allowed.
(ii) The delay of 1339 days caused in filing the Application is
condoned.
(iii) The abatement, if any, is quashed and set aside.
(iv) The Appellants shall amend the cause title of the First Appeal
by incorporating the names of Applicant Nos. 1 and 2 as the
legal representatives / heirs of deceased Ganpati Rajaram
Mane.
(v) Necessary amendment be carried out within a period of four
(4) weeks from today.
( AJIT B. KADETHANKAR, J. )
GGP
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