Bombay High Court
THE SUPERINTENDING ENGINEER, (JALGAON IRRIGATION PROJECT CIRCLE, JALGAON) T.D.C. JALGAON AND ANR.versusMD. TAHER CHOUTUMIYA DESHMUKH AND ORS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court condoned the delay, set aside the abatement, permitted amendment of the title clause to include the deceased respondent's legal representatives, and stayed execution of the award subject to deposit of the full amount.
Summary
The Superintending Engineer filed a composite civil application seeking condonation of delay, setting aside of abatement, and permission to amend the title clause of a pending appeal after the death of respondent No.1, Md. Taher Choutumiya Deshmukh. The court allowed the application, condoning the delay, quashing any abatement, and directing the appellants to amend the title clause to include the legal representatives (respondents 1A to 1G). In the related appeal concerning a land acquisition award dated 22.02.2019, the appellants sought a stay of execution, arguing that without it the purpose of the appeal would be frustrated. The court stayed the execution of the impugned judgment, subject to the condition that the appellants deposit the full award amount within twelve weeks. The civil applications were thereafter disposed, and the appeal proceeded with the amended title clause.
Issues considered
- Whether delay in filing the civil application for amendment can be condoned.
- Whether the abatement of the application should be set aside.
- Whether the title clause of the appeal can be amended to include legal representatives of a deceased respondent.
- Whether execution of the land acquisition award should be stayed pending the first appeal, and on what conditions.
Subjects
- civil application
- condonation of delay
- abatement
- amendment of title clause
- legal representatives
- land acquisition
- stay of execution
- deposit of award amount
Judgment
2026:BHC-AUG:46429
1
934 CA11440 OF 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
934 CIVIL APPLICATION NO. 11440 OF 2026
IN FA/2834/2022
WITH
CIVIL APPLICATION NO. 2026 OF 2021
IN FA/2834/2022
THE SUPERINTENDING ENGINEER, (JALGAON IRRIGATION
PROJECT CIRCLE, JALGAON) T.D.C. JALGAON AND ANR.
VERSUS
MD. TAHER CHOUTUMIYA DESHMUKH AND ORS.
...
Mr. S. S. Chillarge, Advocate for Applicants
Mr. S. P. Sonpawale, AGP for Respondent Nos.2 and 3 – State
Mr. A. H. Paralkar h/f. Mr. B. S. Chondhekar, Advocate for
Respondent No.1
…
CORAM : AJIT B. KADETHANKAR, J.
DATED : 1st October 2026
P.C. :-
CIVIL APPLICATION NO. 11440 OF 2026
. This Civil Application is filed with a composite prayer
for condonation of delay in filing the application, for setting
aside abatement, and for permission to amend the title clause
of the appeal and applications, therein.
2. It is submitted that during the pendency of the First
Appeal, respondent No.1 namely Md. Taher Choutumiya
Deshmukh is learnt to be no more. Some time is elapsed in
gathering the names of legal representatives of respondent
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934 CA11440 OF 2026
No.1. In view of this, the application is filed to bring on record
legal representatives of deceased respondent No.1 i.e.
respondent Nos.1A to 1G as mentioned in paragraph 2 of the
application.
3. For the reasons stated in the application, the same is
allowed. Delay caused in filing the application stands
condoned. Abatement, if any, is quashed and set aside.
4. Within four weeks from today, the appellants shall
amend the title clause of the appeal and applications therein,
if any, by incorporating the names of legal representatives of
deceased respondent No.1 i.e. respondent Nos.1A to 1G.
5. Civil Application stands disposed of.
CIVIL APPLICATION NO. 2026 OF 2021
6. In view of the order passed in Civil Application
No.11440 of 2026, the appellants have amended the title
clause of this application. By way of amendment, the name of
respondent No.1 stands deleted and names of respondent
Nos.1A to 1G are added as legal representatives of deceased
respondent No.1.
7. Feeling aggrieved by the judgment and award dated
22.02.2019 passed by the learned 3rd Joint Civil Judge, Senior
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934 CA11440 OF 2026
Division, Jalgaon in Land Acquisition Reference No.75 of
2013, the appellants have filed the First Appeal.
8. Issue notice to the respondents on 07.01.2027. Mr. A.
H. Paralkar h/f. Mr. B. S. Chondhekar, learned Advocate
waives service of notice for the newly added
respondents/claimants.
9. Mr. S. S. Chillarge, learned advocate for the acquiring
body submits that there are strong hopes of success in the
First Appeal. That, during the pendency of the First Appeal, if
execution and operation of the impugned judgment and
award is not stayed, the very purpose of First Appeal shall
stand frustrated.
10. Considering this, execution and operation of the
impugned judgment and award is stayed till returnable date
on condition that the appellants deposit the entire payable
decretal/award amount in this Court within a period of twelve
weeks from today.
FIRST APPEAL NO.2834 OF 2022
11. Pursuant to the order passed by this Court in Civil
Application No.11440 of 2026, the appellants have amended
the title clause of the appeal.
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934 CA11440 OF 2026
12. Issue notice to the respondents, returnable on
07.01.2027. Mr. A. H. Paralkar h/f. Mr. B. S. Chondhekar,
learned Advocate waives service of notice for the newly added
respondents/claimants.
( AJIT B. KADETHANKAR, J. )
PRW
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