Bombay High Court

RAOSAHEB BABURAO AMRUTE AND OTHERSversusTHE SUB DIVISIONAL OFFICER AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court condoned the 197‑day delay and permitted amendment of the cause title to include the legal heirs.

Summary

The petitioners sought to bring on record the legal heirs of the deceased respondent No.3, Arun Balbhim Jagtap, who died on 2 May 2025. The application was filed 197 days after the death, raising a question of condonability of the delay. The Court examined whether such delay could be condoned and whether the cause title could be amended to reflect the newly added parties. It held that the delay was condonable for the reasons stated in the application and allowed the amendment of the cause title within three weeks. Consequently, the application was allowed, interim relief was granted to continue the petition, and the civil application was disposed of, with the matter placed on the Board for urgent admissions.

Issues considered

Whether a delay of 197 days in filing an application to bring on record legal heirs can be condoned
Whether the cause title of the petition can be amended to include the newly identified legal heirs

Subjects

Civil Procedure
Condonation of delay
Amendment of cause title
Legal heirs
Urgent admissions

Judgment

                                               (1)                        ca1988.26


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                            CIVIL APPLICATION NO. 1988 OF 2026
                                     IN WP/6084/2021
                           RAOSAHEB BABURAO AMRUTE AND OTHERS
                                          VERSUS
                           THE SUB DIVISIONAL OFFICER AND OTHERS

Mr. U.B. Gite h/f. Mr. R.S. Gangakhedkar, Advocate for the applicant.
Mr. R.S. Sarvadnya, Sr. Panel Counsel for respondent – UOI.

                                          CORAM : KISHORE C. SANT &
                                                  JITENDRA JAIN, JJ.
                                          DATE  : 07.09.2026
PC :-

01.                 This application is filed for bringing on record legal heirs of

deceased respondent No.3 Arun Balbhim Jagtap, who died on 02.05.2025.

There is delay of 197 days caused in filing this application.             For the reasons

stated in the application, the delay stands condoned.                  The application is

allowed. Necessary amendment be carried out in the cause title of the petition

within three weeks from today.



02.                 This Civil Application stands disposed off. Place matter petition on

Board dated 05.10.2026, in urgent admissions category.



03.                 Interim relief granted in the petition to continue till next date.



          [JITENDRA JAIN, J.]                           [KISHORE C. SANT, J.]
snk/2026/Sep26/ca1988.26

Continue reading with your account

Checking your session…