Bombay High Court
EKNATH MADHAV MORE DIED THR LRS VILUBAI AND ORS.versusTHE EXECUTIVE ENGINEER, OSMANABAD MEDIUM IRRIGATION DIVISION, OSMANABAD THR M.K.V.D.C. PUNE AND ORS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court allowed the civil application, condoned the delay, quashed any abatement, and directed the appellant to amend the title clause to include the legal representatives of the deceased respondent.
Summary
The original sole respondent, Eknath Madhav More, died during the pendency of a first appeal filed by the acquiring body. The legal representatives of the deceased filed a civil application seeking permission to amend the title clause of the appeal to include themselves as representatives. The application also requested condonation of a 1,566‑day delay and the quashing of any abatement that might have arisen from the death. The High Court examined whether the delay could be condoned and whether the amendment was permissible under procedural law. Finding no substantive impediment, the Court condoned the delay, set aside any abatement, and ordered the appellant to amend the title clause accordingly. The amendment was to be effected within four weeks of the order.
Issues considered
- Whether a civil application for amendment of the title clause can be entertained despite a delay of 1,566 days.
- Whether the delay in filing the application should be condoned.
- Whether any abatement arising from the death of the sole respondent should be set aside.
Subjects
- Amendment of title clause
- Death of party
- Civil application
- Abatement
- Condonation of delay
- High Court of Bombay
Judgment
2026:BHC-AUG:42875
1
934-ca-10790-2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 10790 OF 2026
IN FA/2663/2019
Eknath Madhav More Died Thr Lrs Vilubai And Ors.
VERSUS
The Executive Engineer, Osmanabad Medium Irrigation
Division, Osmanabad Thr M.k.v.d.c. Pune And Ors
...
Mr. V. V. Ingale, Advocate for Applicants
Mr. S. N. Kendre, AGP for Respondent-State
Mr. R. A. Tambe, Advocate for Respondent no.1 (Thr. V. C.)
…..
CORAM : AJIT B. KADETHANKAR, J.
DATED : 16TH SEPTEMBER, 2026
P.C. :-
. In the First Appeal filed by the Acquiring Body
challenging the judgment and award passed by the Reference
Court, this Civil Application is filed by the legal
representatives of original claimant/sole respondent.
2. It is submitted that during pendency of the appeal,
original claimant/sole respondent namely Eknath Madhav
More died on 19.08.2020. By way of present Civil Application,
directions are sought to the Acquiring Body/appellant to
amend the title clause of the Appeal by incorporating the
names of present applicant Nos.1A to 1F as legal
representatives of deceased sole respondent.
3. For the reasons stated in the application, the same
deserves to be allowed. Hence, the following order:
2
934-ca-10790-2026
ORDER
a. Civil Application stands allowed.
b. Delay of 1566 days caused in filing the
present Civil Application stands condoned.
c. Abatement if any, stands quashed and set
aside.
d. Appellant shall amend the title clause of the
First Appeal and applications therein by
incorporating the names of present applicant
nos.1A to 1F as legal representatives of deceased
sole respondent Eknath More.
e. Amendment be carried out within a period
of four weeks from today.
FIRST APPEAL NO.2663 OF 2019:
. Mr. V. V. Ingale, learned Advocate for the original
claimant/respondent submits that the Record and Proceedings
is required in the Trial Court for depositing the deficit Court
fees.
2. Registry is directed to remit back the Record and
Proceedings to the Reference Court immediately. After
payment of such Court fees in the Trial Court, the Reference
Court shall remit back the Record and Proceedings
immediately to this Court.
( AJIT B. KADETHANKAR, J. )
Rushikesh/2026
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