Bombay High Court

BHAGWAT MARUTI SURYAWAN SHI(SINCE DECEASED) THR HIS LRS SUSHILABAI AND ORS.versusTHE EXECUTIVE 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 reflect the legal representatives of the deceased.

Summary

During the pendency of a First Appeal, the original claimant Bhagwat Maruti Suryawanshi died, and his legal representatives filed a civil application seeking to amend the cause title of the appeal to include their names as heirs and to condone a 230‑day delay in filing the application. The applicants argued that lack of knowledge of the proceedings caused the delay. The respondent’s counsel and the State’s AGP did not oppose the amendment and suggested appropriate orders. The Court, after considering the submissions, allowed the application, condoned the delay, quashed any abatement, and directed the appellants to amend the cause title within four weeks.

Issues considered

Whether a civil application for amendment of cause title and condonation of a 230‑day delay can be permitted.
Whether any abatement of the appeal should be set aside.

Subjects

amendment of cause title
condonation of delay
legal representatives
civil procedure
abatement
succession

Judgment

2026:BHC-AUG:41899
                                              1
                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD.

                              22 CIVIL APPLICATION NO.10241 OF 2026
                                                IN
                                  FIRST APPEAL NO.1103 OF 2019

                           Bhagwat Maruti Suryawanshi (since Deceased)
                                 Thr His LRs Sushilabai And Ors.
                                               Versus
                                         The Executive 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

               Bhagwat Maruti Suryawanshi 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 230 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

for incorporating the names of the Applicants as legal representatives of

the deceased – Bhagwat Maruti Suryawanshi 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 230 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 to 8 as the
               legal representatives / heirs of deceased Bhagwat Maruti
               Suryawanshi.
      (v)      Necessary amendment be carried out within a period of four
               (4) weeks from today.




                                          ( AJIT B. KADETHANKAR, J. )

GGP

Continue reading with your account

Checking your session…