Bombay High Court

GUNDAJI NIVRUTI MANE DIED THROUGH HIS LRS SHUBHADRABAI W/O GUNDAJI MANE AND ANOTHERversusGODAVARI KHORE MARATHWADA IRRIGATION DEVELOPMENT CORPORATION AND ANOTHER

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court allowed the incorporation of the applicants as legal representatives and permitted withdrawal of the deposited amount subject to compliance with procedural conditions.

Summary

The First Appeal No.762 of 2020 was settled in a National Lok Adalat on 13 July 2019, where the panel observed that the respondents' original claimants could file an application to bring legal heirs or representatives on record even after the appeal's disposal, with any excess amount to be refunded. A civil application was subsequently filed seeking to incorporate the names of the present applicants as legal representatives of the deceased Gundaji Nivruti Mane in that appeal and to withdraw the amounts deposited by the acquiring body. The High Court, after obtaining a report from the Legal Services Sub‑Committee on the appropriate procedure, allowed the application. It directed that the title clause of the appeal be amended to include the applicants as legal representatives and that, upon compliance with the amendment and submission of a suitable undertaking, the deposited amount could be withdrawn. The court also required the applicants to provide an undertaking to abide by any future decision regarding representation disputes.

Issues considered

Whether legal heirs or representatives can be added to the parties of an appeal after its disposal in a Lok Adalat
Whether the amount deposited by the acquiring body can be withdrawn after such amendment

Subjects

Lok Adalat
legal heirs
representation
amendment of title clause
withdrawal of deposit
civil application
High Court

Judgment

                                            (1)                     938-CA-13939-2025


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

                     938 CIVIL APPLICATION NO. 13939 OF 2025
                                        IN
                           FIRST APPEAL NO.762 OF 2020

Gundaji Nivruti Mane Died Through His Lrs Shubhadrabai W-o Gundaji Mane
                                 And Another
                                   VERSUS
    Godavari Khore Marathwada Irrigation Development Corporation And
                                   Another
                                     …..
Mr. Gitte Mukund D., Advocate for Applicant.
Mr. A. V. Lavte, AGP for Respondent – State.
                                     …..

                                         CORAM : AJIT B. KADETHANKAR, J.


                                         DATE       : SEPTEMBER 1, 2026.

PC :-

1.        The First Appeal No.762 of 2020 was settled in the National Lok Adalat

dated 13 July 2019, wherein, at paragraph No.6 of the order, the Panel of the

Lok Adalat observed thus:

         “6.   The respondents original claimants are at liberty to file an

         application for bringing the legal heirs/representatives on record, if

         occasion fo arises, even after disposal of the appeal/s. The amount, if paid

         in excess, the same shall be refunded to the acquiring body.”

Kiran Kawre
                                        (2)                   938-CA-13939-2025


2.        In view thereof, the present Civil Application is filed, praying for

incorporation of the names of the present applicants in the capacity of legal

representatives of deceased Gundaji Nivruti Mane in First Appeal No.762 of

2020.

3.        A further prayer is made to allow the applicants to withdraw the

amounts deposited by the acquiring body in this Court.

4.        This Court sought a report from the Legal Services Sub-Committee,

Aurangabad, as to what procedure has to be adopted or what is the practice in

an identical scenario. The report is received under letter dated 21 August

2026. Considering the report and particularly in the light of the liberty already

granted by the Lok Adalat Panal, I deem it appropriate to allow the Civil

Application.

5.        The appellant shall amend the title clause of the appeal by

incorporating the names of Applicant Nos.1 and 2 as legal representatives of

deceased Gundaji Nivruti Mane.

6.        After the amendment is carried out, the applicants shall be entitled to

withdraw the amount deposited by the acquiring body in this Court, upon

satisfying the learned Registry Judicial as to compliance with the amendment


Kiran Kawre
                                         (3)                  938-CA-13939-2025


and the identity of the applicants.

7.        Necessary undertaking shall also be submitted to the satisfaction of the

learned Judicial Registrar. The undertaking shall be to the effect that, in the

event any dispute arises as regards the legal representatives, the applicants

shall abide by the decision in that regard.



                                               [AJIT B. KADETHANKAR, J.]




Kiran Kawre

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