Bombay High Court

CHINDU ESHRAM SURWADE DIED THROUGH LRS VANDANA AND ORS.versusEXECUTIVE ENGINEER, M.I.W. JALGAON.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the delay, quashed the abatement, and permitted amendment of the appeal’s title to include the legal representatives.

Summary

The case involves an application filed by the legal representatives of the deceased applicant Sunil Eshram Surwade in a civil suit against the Executive Engineer, M.I.W., Jalgaon. The applicants sought condonation of a 736‑day delay in filing the application, alleging that they were unaware of the proceedings. They also prayed that any abatement of the suit be set aside and that the title of the appeal be amended to reflect the names of the legal representatives. The Court examined whether the delay could be justified under the principles of equity and whether the procedural bar of abatement should operate. Finding that the delay was caused by genuine unawareness and that no prejudice was shown to the respondent, the Court condoned the delay. Accordingly, the Court quashed any abatement and ordered that the title of the appeal be amended to include the legal representatives’ names within four weeks. The application was allowed and the civil application was disposed.

Issues considered

Whether the 736‑day delay in filing the application can be condoned
Whether the abatement of the suit should be set aside
Whether the title of the appeal may be amended to include the legal representatives

Subjects

delay condonation
abatement
title amendment
legal representatives
civil application
High Court of Bombay

Judgment

2026:BHC-AUG:46340



                                                      1
                                                                   963 CA 10634 OF 2026

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                 963 CIVIL APPLICATION NO. 10634 OF 2026
                                              IN FA/635/2019

                          CHINDU ESHRAM SURWADE DIED THROUGH LRS
                                         VANDANA AND ORS.
                                               VERSUS
                               EXECUTIVE ENGINEER, M.I.W. JALGAON.
                                                   ...
                     Mr. A. E. Madne h/f. Mr. A. B. Kale, Advocate for Applicants
                     Mr. Pratik Borge h/f. Mr. A. D. Pawar, Advocate for
                     Respondent
                                                   …

                                            CORAM : AJIT B. KADETHANKAR, J.
                                            DATED : 1st October 2026

                     P.C. :-

                     .         In the First Appeal filed by the acquiring body, this

                     application is filed by the legal representatives of the deceased

                     applicant Sunil Eshram Surwade. There is delay of 736 days

                     caused in filing the application. It is stated that due to

                     unawareness of the present proceedings, the application could

                     not be moved earlier through the learned Advocate. No sooner

                     did they come to know about the proceeding, immediately the

                     application is filed. The interest and right of the deceased

                     applicant Sunil have devolved upon the applicants in their

                     capacity as legal representatives.
                               2
                                              963 CA 10634 OF 2026

2.    For the reasons stated in the application, the same is

allowed. Delay stands condoned. Abatement, if any, is

quashed and set aside.

3.    The appellant is permitted to amend the title clause of

the appeal and applications therein, if any, by incorporating

the names of legal representatives of the deceased applicant –

Sunil Eshram Surwade.

4.    Let such amendment be carried out within four weeks

from today.

5.    Civil Application stands disposed of.



                                   ( AJIT B. KADETHANKAR, J. )
PRW

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