Bombay High Court

MURLIDHAR DATTATRAYA DESHMUKH DIED THR HIS LRS PREMA VISHNUPANT KULKARNI AND OTHERSversusTHE STATE OF MAH THROUGH COLLECTOR AT OSMANABAD

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SANJAY A DESHMUKH

Holding

The Court held that the delay was not deliberately caused and therefore must be condoned, and the abatement was set aside.

Summary

The appellant, Murlidhar D. Deshmukh, filed three civil applications seeking condonation of substantial delays—2466, 275, 1260 and 202 days—in filing applications to bring the legal representatives of deceased claimants on record and to set aside an abatement. The State opposed the condonation, arguing that no sufficient reasons were provided. The Court noted that the applicants were illiterate and lacked knowledge of legal procedures, and relied on the Supreme Court’s decision in New Okhla Industrial Development Authority v. Rameshwar (2022), which emphasized that claimants are entitled to compensation and that delays not deliberately caused should be condoned in the interest of justice. Consequently, the Court allowed the applications, condoned the delays, and set aside the abatement, directing the applicants to amend the appeal memo by 30‑03‑2026 or face costs. The civil applications were thereafter disposed of.

Issues considered

Whether the delay of 2466, 275, 1260 and 202 days in filing applications to bring legal representatives of deceased claimants on record can be condoned.
Whether the abatement of the claim should be set aside despite the procedural delay.

Subjects

condonation of delay
legal representatives of deceased
abatement
civil procedure
interest of justice
illiterate litigants
Supreme Court precedent

Judgment

                                             916 FA NO. 212 OF 2010.odt


      IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                 BENCH AT AURANGABAD
               916 FIRST APPEAL NO. 212 OF 2010

                  Murlidhar Dattatraya Deshmukh
                             VERSUS
        The State Of Mah Through Collector At Osmanabad
                                ...
Mr. Hajare Abhishek M., Advocate for Appellant
Mr. S. G. Sangle, AGP for Respondents/State
                              WITH
              FIRST APPEAL NO. 213 OF 2010WITH
              CIVIL APPLICATION NO. 1998 OF 2026
                       IN FA/212/2010WITH
              CIVIL APPLICATION NO. 3308 OF 2026
                      IN FA/1830/2012WITH
              FIRST APPEAL NO. 214 OF 2010 WITH
              CIVIL APPLICATION NO.3311 OF 2026
                                ….

                  CORAM : SANJAY A. DESHMUKH, J.
                     DATE : 18.03.2026
PER COURT :-
CIVIL APPLICATION NO. 1998 OF 2026
CIVIL APPLICATION NO. 3308 OF 2026
CIVIL APPLICATION NO.3311 OF 2026

1.       Civil Application No.3311 of 2026 is not on board, upon

being mentioned, taken on board.

2.       These are the applications for condonation of 2466,

275 & 1260 and 202 days delay respectively caused in filing the

Civil Applications for bringing the legal representatives of

deceased claimants on record as well as for setting aside

abatement.

                                                              1 of 3
                                   (( 2 ))        916 FA NO. 212 OF 2010


3.         Learned AGP for the respondent / State strongly opposed

the applications and submitted that sufficient reasons are not given to

allow the applications. He prayed to reject the applications.


4.         On perusal of the applications, it appears that the

applicants are illiterate having no knowledge of legal proceedings.

Considering the reasons stated in the applications and the law laid

down by the Hon’ble Supreme Court in Civil Appeal No.8331-8345 of

2022 in the case of New Okhla Industrial Development Authority Vs.

Rameshwar @ Ramesh Chandra Sharma (Dead) Through Legal heir

& Anr. decided on 17.11.2022, the claimants are entitled to receive

reasonable amount of compensation at par with other similarly

situated landowners. Therefore, the delay deserves to be condoned in

the interest of justice, as it is not deliberately caused. Hence, the

following order:

                              ::ORDER::

      a.    The applications are allowed.

      b.    The delay of 2466, 275 & 1260 and 202 days
      caused in filing the Civil Applications for bringing the
      legal representatives of deceased claimants on record
      is condoned.

      c.    The abatement is set aside.


                                                                  2 of 3
                                          (( 3 ))       916 FA NO. 212 OF 2010


           d.     The applicants are directed to amend the
           appeal memo by bringing the legal representatives of
           the deceased claimants on record on or before
           30.03.2026. If the amendment is not carried within
           the    stipulated   period,   the   applicants   in   each
           application shall pay costs of Rs.2000/-.

           e.     The Civil Applications are disposed of.



.                Stand over to 30.03.2026.



                                         [ SANJAY A. DESHMUKH, J. ]
HRJadhav




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