Bombay High Court
RAJARAM NANA INGALE DIED THR LRS KANTABAI RAJARAM INGALEversusThe State of Maharashtra Thr Collector Osmanabad
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court condoned the delay, quashed the abatement, and ordered the cause title to be amended to include the surviving heirs as legal representatives.
Summary
During the pendency of a first appeal, the original claimant, Rajaram Nana Ingale, died, and subsequently one of his heirs, Ratnadeep Rajaram Ingale, also died. The surviving heirs filed an application seeking to have their names entered as legal representatives of the deceased claimant in the appeal. The application was filed after a delay of 1,944 days, which the applicants attributed to lack of knowledge about the proceeding. The Court examined whether such a long delay could be condoned and whether any abatement of the appeal should stand. It held that the delay could be condoned, quashed any abatement, and directed the appellants to amend the cause title within four weeks.
Issues considered
- The Court may condone a delay of 1,944 days for amendment of parties in a pending appeal.
- Whether abatement of the appeal should be set aside when the original claimant has died.
- Whether the surviving heirs can be substituted as legal representatives of the deceased claimant after the death of the original claimant.
Subjects
- legal representatives
- death of party
- amendment of cause title
- condonation of delay
- abatement
- civil procedure
Judgment
2026:BHC-AUG:43924
937-CA-10953-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 10953 OF 2026
IN
FIRST APPEAL (ST) NO. 13619 OF 2023
Rajaram Nana Ingale
(Died) Through L.Rs.
Kantabai Rajaram Ingale and Others ..APPLICANTS
VERSUS
State of Maharashtra and Others ..RESPONDENTS
....
Mr. P.B. Rakhunde, Advocate for Applicants
Mr. K.B. Jadhavar, A.G.P. for Respondent Nos.1 and 2
Mr. S.P. Sonpawale, Advocate for Respondent No.3
....
CORAM : AJIT B. KADETHANKAR, J.
DATE : 23rd SEPTEMBER, 2026
PER COURT :
1. It is submitted that during the pendency of the first appeal, the
original claimant – Rajaram Nana Ingale died, leaving behind him his legal
representatives i.e. Applicant Nos. 1-A, 1-B, 1-C and 1-D. It is further
informed that even Applicant No.1-C – Ratnadeep Rajaram Ingale also died,
leaving behind his legal representative i.e. Applicant No.1-C-1.
2. It is submitted that the present application is filed to direct the
appellants to incorporate the names of present applicants as legal
representatives of deceased – Rajaram Nana Ingale in the first appeal.
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937-CA-10953-26.odt
3. Also, there is delay of 1944 days caused in filing this application. It
is submitted that for want of knowledge about pendency of the present
proceeding, the applicants could not earlier approach this Court through
Advocate. There is no deliberate delay in filing the application.
4. For the reasons stated in the application, same is allowed. Delay is
condoned. Abatement, if any, is quashed and set aside. The appellants shall
amend the cause title of the first appeal and applications therein within a
period of four weeks form today.
( AJIT B. KADETHANKAR, J. )
SSD
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