Bombay High Court

SHANKAR SAMBHAJI JAWALGE DIED THROUGH LRS DATTATRAY AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH THE DIST COLLECTOR OSMANABAD AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the delay, permitted the addition of the deceased respondent's legal representatives to the appeal, and allowed the withdrawal of the deposited amount with interest.

Summary

The appellant's first appeal was dismissed for failure to condone delay. After the appeal was filed, the sole respondent died, prompting the legal representatives of the deceased to seek inclusion in the appeal. Application No. 2656 sought condonation of a 1,120‑day delay to bring the representatives on record and to amend the appeal accordingly. The court condoned the delay, ordered the amendment, and allowed the representatives to be added to the appeal. Subsequently, Application No. 2654 requested that the representatives be permitted to withdraw the amount deposited by the appellant in the court, with accrued interest. The court granted this request, allowing the withdrawal with interest.

Issues considered

Whether a delay of 1,120 days in filing a civil application for condonation can be condoned.
Whether legal representatives of a deceased sole respondent can be added to a first appeal after its dismissal.
Whether the applicants may withdraw the amount deposited by the appellant in the court, together with accrued interest.

Subjects

condonation of delay
legal representatives
amendment of appeal
withdrawal of court deposit
interest
civil application
death of party

Judgment

2026:BHC-AUG:38187



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                                                                   930-ca-2656-2026+

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                   CIVIL APPLICATION NO. 2654 OF 2026
                                            IN FAST/1292/2018

                      Shankar Sambhaji Jawalge Died Thr Lrs Dattatray And Ors.
                                                 VERSUS
                         The State Of Maharashtra Through The Dist Collector
                                           Osmanabad And Ors.
                                                    ...
                     Mr. L. C. Patil, Advocate for Applicants
                     Mr. A. V. Lavte, AGP for Respondents-State
                                                    ...

                                                  WITH
                                   CIVIL APPLICATION NO. 2656 OF 2026
                                            IN FAST/1292/2018
                                                   …..
                                            CORAM : AJIT B. KADETHANKAR, J.
                                            DATED : 21ST AUGUST, 2026

                     P.C. :-

                     CIVIL APPLICATION NO. 2656 OF 2026

                     .         The First Appeal came to be disposed of as the delay

                     caused in filing the appeal was not condoned. It is submitted

                     that after filing of the First Appeal by the appellant, the sole

                     claimant i.e. sole respondent is died. Hence, the present

                     application is filed for bringing legal representatives of

                     deceased sole respondent on record. There is delay of 1120

                     days caused in filing the present Civil Application. Hence, a
                               2
                                                930-ca-2656-2026+

prayer is made for condonation of delay and for bringing the

applicants on record as the legal representatives of the

deceased sole respondent.

2.    For the reasons stated in the application, the application

deserves to be allowed. Hence, the following order:

                            ORDER

      a.    Civil Application stands allowed.
      b.    Delay of 1120 days caused in filing the
      present application stands condoned.
      c.    The appellant shall incorporate the names
      of present applicants in the First Appeal as legal
      representatives of deceased sole respondent/
      claimant.
      d.    Amendment be carried out forthwith.



CIVIL APPLICATION NO. 2654 OF 2026

.     This application is filed by the legal representatives of

deceased claimant for withdrawal of amount deposited by the

appellant/Acquiring Body in this Court.

2.    Today, vide Civil Application No.2656 of 2026, the

names of present applicants are brought on record as legal

representatives of deceased sole claimant. It is an undisputed

fact that the appeal is already dismissed long back. Therefore,
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                                                     930-ca-2656-2026+

I find no impediment in permitting the applicants to withdraw

the amount deposited by the appellant/acquiring body in this

Court. Hence, the following order:

                                ORDER

        a.       Civil Application stands allowed.
        b.       The applicants are permitted to withdraw
        the amount deposited by the appellant/Acquiring
        Body in this Court.
        c.       Needless to mention, the withdrawal shall
        carry accrued interest thereon.
        d.       Civil Application stands disposed of.



                                        ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026

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