Bombay High Court

SUNDAR ABHIMAN RAJIBINDE DIED THR. LRS INDRABAI AND ORSversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

Disposal: DISPOSED OFF
Bench: SHAILESH P BRAHME

Holding

The Court condoned the 319‑day delay and allowed the application to bring the legal heirs on record.

Summary

The applicants, legal heirs of the deceased appellant Sundar Abhiman Rajbinde, filed a civil application seeking condonation of a 319‑day delay in filing an application to bring the legal representatives and heirs on record. They contended that the delay was unintentional and caused by unavoidable circumstances, and that as the sole heirs they have a right to step into the shoes of the deceased and contest the appeal. The respondents, the State of Maharashtra and other parties, did not dispute the averments. The Court found no evidence of mala‑fides, held that the heirs are necessary parties, and therefore allowed the application. It ordered the parties to carry out the necessary amendment within two weeks and disposed of the civil application.

Issues considered

Whether a delay of 319 days in filing an application to bring legal heirs on record can be condoned

Subjects

condonation of delay
legal heirs
representation
civil procedure
succession
amendment
appeal
high court

Judgment

2026:BHC-AUG:16921




                                                     1                  930 ca 1377.26

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                            CIVIL APPLICATION NO. 1377 OF 2026
                                           IN
                            CIVIL APPLICATION NO. 4196 OF 2024
                                           IN
                           FIRST APPEAL STAMP NO. 2354 OF 2024
                                          WITH
                           FIRST APPEAL STAMP NO. 2354 OF 2024

                        Sundar Abhiman Rajbinde
                        Since deceased through his L.Rs.
                        Indrabai and others                      .. Applicants
                              Versus
                        The State of Maharashtra, through the
                        Collector, Jalna and others              ..   Respondents

                 Shri D. A. Bide, Advocate for the Applicants.
                 Shri S. V. Hange, A.G.P. for the Respondent Nos. 1 and 2.
                 Shri S. G. Bhalerao, Advocate for the respondent No. 3.

                                   CORAM : SHAILESH P. BRAHME, J.
                                    DATE : 18TH APRIL, 2026.

                 FINAL ORDER :


                 .      Heard learned counsel for the applicants, learned A. G. P.
                 for the respondents/State and the learned counsel for the
                 acquiring body.


                 2.     Applicants seek to condone delay of 319 days caused in
                 filing application for bringing legal representatives and for
                 bringing the legal heirs of the deceased appellant on record.


                 3.     It is submitted by the learned counsel for the applicants
                                       2                  930 ca 1377.26

that, the delay is not intentional one and caused due to
unavoidable circumstances. Applicants are the only legal heirs of
the deceased appellant, who is original claimant and have every
right to contest the appeal on merits.           The cause of action
survives against the applicants. It is further submitted that for
the reasons stated in the application the delay deserves to be
condoned and applicants are required to be taken on record.


4.    The      averments   of    the       applications   have    gone
uncontroverted. There is no reason to infer any mala-fides on
the part of the applicants. Applicants are the only legal heirs of
the deceased. They are stepping in the shoes of the deceased
claimant – appellant. Therefore, they are necessary parties.


5.    For the reasons stated in the applications, the civil
application is allowed in terms of prayer clauses B and C. The
civil application is disposed of.   Both parties are at liberty to
carry out the necessary amendment.              Amendment shall be
carried out within a period of two (02) weeks from today.



                                [ SHAILESH P. BRAHME J. ]


bsb/April 26

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