Bombay High Court

MACHINDRA BHIMA NARWADE AND OTHERS.versusTHE STATE OF MAHARASHTRA THROUGH THE COLECTOR OSMANABAD AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: RAJNISH R VYAS

Holding

The court condoned the 1,575‑day delay and ordered that the legal heirs be brought on record.

Summary

The applicants, who are illiterate agriculturists, filed an application seeking condonation of a 1,575‑day delay in bringing the legal heirs on record. They claimed they were unaware of the pending proceedings and that the delay was not intentional but bona fide. The acquiring body did not file a reply to the affidavits filed by the applicants and no representative appeared before the court. The court noted the absence of any counter‑argument from the acquiring body. Considering the applicants' circumstances and the lack of opposition, the court allowed the application and condoned the delay, permitting the legal heirs to be recorded.

Issues considered

Whether a delay of 1,575 days in filing an application to bring legal heirs on record can be condoned.
Whether the applicants' illiteracy and lack of awareness constitute a bona fide reason for the delay.

Subjects

condonation of delay
legal heirs
civil procedure
agriculturist litigants
illiteracy
procedural law

Judgment

2026:BHC-AUG:3118
924.CA.206.2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

CIVIL APPLICATION NO. 206 OF 2026
IN
FIRST APPEAL NO. 129 OF 2018

Machindra Bhima Narwade And Others ...Applicants

Versus

The State of Maharashtra and Others ...Respondents
WITH
CIVIL APPLICATION NO. 5401 OF 2021
IN
FIRST APPEAL NO. 129 OF 2018
***
Mr. Patil Laxmikant C., Advocate for the Applicants.
Mr. V. K. Kotecha, AGP for Respondent – State.
***
CORAM : RAJNISH R. VYAS, J.
DATE : JANUARY 23, 2026
PER COURT :

1. This is an application for condoning the delay of 1575 days

in filing an application for bringing the legal heirs on record.

2. The learned counsel for the applicants stated that the

applicants are agriculturist and are illiterate, and therefore, were not

aware about the pendency of the proceedings, therefore, the delay is

caused. He further submits that the delay is not intentional but is

bona fide. He further submits that the main appeal is preferred by the

acquiring body challenging the award passed by the Reference Court.

Shrikant Malani Page 1 of 2
924.CA.206.2026

He submits that if the delay is not condoned grave prejudice would be

caused.

3. It is pertinent to mention here that the averments made by

the applicant which are on the basis of affidavit are not countered by

the acquiring body by filing the necessary reply.

4. Today also none appeared for the acquiring body.

5. In that view of the matter, the application is allowed in

terms of prayer clauses (a), (b) and (c). The delay is condoned. Legal

heirs be brought on record.

( RAJNISH R. VYAS, J. )

Shrikant Malani Page 2 of 2

Continue reading with your account

Checking your session…