Bombay High Court
VENKAT MADHAVRAO BHOSALE DIED THR LRS KANTABAI AND ORS.versusTHE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, LATUR AND ORS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court condoned the delay, quashed any abatement, and ordered amendment of the appeal's title clause to include the legal representatives.
Summary
During the pendency of a first appeal, the original claimant Venkat Madhavrao Bhosale and his son Govind died. The applicants filed a civil application, after a delay of 6,952 days, to bring the legal representatives of the deceased parties on record so they could defend the appeal. The learned counsel argued that the delay was not deliberate and that the applicants had succeeded to the rights of the deceased. The Court examined whether such a long delay could be condoned and whether the abatement of the appeal due to death should stand. It held that the delay was condoned, the abatement was quashed, and the appellant was directed to amend the title clause of the appeal to include the names of the new parties within four weeks.
Issues considered
- Whether a delay of 6,952 days in filing an application to bring legal representatives of deceased parties can be condoned.
- Whether the abatement of the appeal on account of the death of the original claimant stands.
Subjects
- civil procedure
- representation of deceased
- condonation of delay
- abatement
- amendment of pleadings
- succession
- appeal
Judgment
2026:BHC-AUG:44209
20-sr930.CA.11109.2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
930 CIVIL APPLICATION NO. 11109 OF 2026
IN FA/2166/2020
Venkat Madhavrao Bhosale Died Thr Lrs Kantabai And Ors.
VERSUS
The State Of Maharashtra, Through The Collector, Latur And Ors.
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Mr.G.K.Sontakke, Advocate for applicants
Mr.S.P.Sonpavale, AGP For respondent no.1
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CORAM : AJIT B. KADETHANKAR, J.
DATE : SEPTEMBER 24, 2026
ORDER :-
During pendency of the First Appeal filed by the acquiring
body, the claimant namely Venkat Madhavrao Bhosale is learnt to be
no more. It is also learnt that the son of Venkat namely Govind is also
died. In view of this, the Civil Application is filed to bring on record the
legal representatives of deceased Venkat so also legal representatives
of his deceased son - Govind. There is delay of 6952 days in filing this
application.
2. Learned advocate for the applicants submits that for want
of knowledge of the appeal proceedings, the applicants were not in a
position to approach their learned advocates and to file present
application. It is submitted that the applicants have succeeded the
right and interest of deceased Venkat and deceased Govind. There is
2 20-sr930.CA.11109
no lethargy or deliberate attempt to file this application at belatedly.
Since the matter is yet to be heard on merit, it would be appropriate
that the applicants be brought on record to defend the appeal on
merit.
3. For the reasons stated in the appliction, the same is
allowed Delay caused in filing the application is condoned.
Abatement if any stands quashed and set aside. The appellant to
amend the title clause of the appeal and application therein by
incorporating the names of applicant nos.1/1, 1/2, 1/3/A, 1/3/B,
1/3/C, 1/4 and 1/5. Let this amendment be carried out within four
weeks from today.
[AJIT B. KADETHANKAR, J.]
………..
KBP
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