Bombay High Court

MANIK EKNATH GHOGRE (DIED) THR LRS BHAMABAI AND ORSversusTHE EX. ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The amendment to the title clause is permitted with condonation of the 83‑day delay.

Summary

The petitioners, represented by Mr. Vivek Tarde, sought condonation of an 83‑day delay in amending the title clause of their First Appeal (Stamp) No. 41034 of 2019. The delay arose because the petitioner's counsel failed to file the amendment that the court had already permitted, leading to a belated hearing. The respondent acquiring body was not present, while the other respondents were represented by an Additional Government Pleader. The court examined whether the delay could be condoned under the principles of equity and procedural fairness. Finding that the lapse was attributable to the petitioner's counsel and not to any procedural defect, the court allowed the application and granted a two‑week period to file the amendment. Consequently, the amendment to the title clause was permitted despite the delay.

Issues considered

Whether the court may condone an 83‑day delay in filing an amendment to the title clause of a First Appeal.
Whether the amendment, previously permitted, can still be effected after the delay.

Subjects

condonation of delay
amendment of pleadings
title clause
civil procedure
first appeal

Judgment

2026:BHC-AUG:38723



                                                                  32-sr940.CA.1264.2025


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                          940 CIVIL APPLICATION NO. 11264 OF 2025
                                     IN FAST/41034/2019

                     Manik Eknath Ghogre (died) Thr Lrs Bhamabai And Ors
                                              VERSUS
                 The Ex. Engineer, Minor Irrigation Division, Osmanabad And Ors
                                               WITH

                              CIVIL APPLICATION NO. 543 OF 2020
                                      IN FAST/41034/2019

                                               ----
            Mr.Vivek Tarde, advocate for applicants
            None present for respondent no.1
            Mr.R.K.Ingole, AGP for respondent nos.2 and 3
                                               ----

                                      CORAM :     AJIT B. KADETHANKAR, J.
                                      DATE  :     AUGUST 25, 2026

            ORDER :-

                          None present for the respondent no.1 – acquiring body.

            Learned AGP for respondent nos.2 and 3 is present. This is an

            application for condonation of delay of 83 days caused in amendment

            in the title clause of Civil Application No.542 of 2020 in First Appeal

            (Stamp) No.41034 of 2019.



            2.          It appears that learned advocate for the applicant has

            failed to carry out the amendment which was already permitted by this

            court.   Lapse on the part of learned advocate for the applicant has
                                   2                      32-sr940.CA.1264



resulted into belated hearing of the appeal.   In view of this, Civil

Application is allowed.   The applicants are permitted to carry of

amendment in the title clause of the First Appeal and the Civil

Application within a period of two weeks from today.



                                [AJIT B. KADETHANKAR, J.]
                              ………..


KBP

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