Bombay High Court

Ambadas Anna shindeversusThe union of India Through The General Manager

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court held that the delay in filing the application to bring the legal heirs on record is condoned and the abatement is set aside, allowing the heirs to be joined.

Summary

The applicant filed a civil application to have the legal heirs of two deceased persons, Ambadas Anna Shinde and Gayabai Ambadas Shinde, brought on record in pending proceedings. The heirs were unaware of the case, resulting in a delay in seeking their joinder. The court examined whether the delay could be condoned and whether the earlier abatement of the proceedings should stand. It held that the delay was excusable and therefore condoned, setting aside the abatement. The court directed that the necessary amendment to include the heirs be made within four weeks and disposed of the application.

Issues considered

Whether the delay in filing an application to bring legal heirs on record can be condoned.
Whether the abatement of the proceedings should be set aside.
Whether the court can order amendment to include the heirs within a specified time.

Subjects

legal heirs
condonation of delay
abatement
amendment
joinder of parties
civil procedure

Judgment

2026:BHC-AUG:42273


                                                  1                        959.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                           CIVIL APPLICATION NO. 10671 OF 2026
                                      IN FA/660/2026
                                  AMBADAS ANNA SHINDE
                                             VERSUS
                   THE UNION OF INDIA THROUGH THE GENERAL MANAGER
                                                 ...
                           Advocate for Applicant : Mr. Khade Kishor D.
                            Advocate for Respondent : Mr. N.T. Bhagat
                                      h/f. Mr. Ajay G. Talhar
                                                …

                                       CORAM : MANJUSHA DESHPANDE, J.
                                       DATE : 11th SEPTEMBER, 2026


              PER COURT :

              1.          This Civil Application is filed for bringing on record the

              legal heirs of Ambadas Anna Shinde and Gayabai Ambadas Shinde, who

              have expired on 13.12.2025 and 28.06.2012, respectively.

              2.          The legal heirs of aforementioned two persons, were not

              aware about the pendency of the present proceedings. Therefore, the

              delay in bringing the legal heirs on record has occurred. However, they

              are necessary parties. Therefore, the legal heirs needs to be brought on

              record. They are named in paragraph no. 2 of the Civil Application.

              3.          For the reasons stated in the Application, the delay in filing

              the Civil Application for bringing the legal heirs on record, is condoned.
                                    2                        959.odt


Abatement is set aside and the Applicants are permitted to bring the legal

heirs on record in First Appeal no. 660/2026 and Civil Application no.

8097/2025, in respect of Applicant no. 1 according to paragraph no. 2 of

this Civil Application.

4.           The appropriate amendment shall be carried out by the

acquiring body within a period of four weeks.

5.           Civil Application stands disposed of.




                                    ( MANJUSHA DESHPANDE, J. )




SPC

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