Bombay High Court

GAJABAI MANIK KUMBHAR DIED THR LRS SIDHESHWAR AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR OSMANABAD AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the delay, allowed the petitioners to be recorded as legal representatives, and permitted the withdrawal of the deposited amount with interest.

Summary

The petitioners, legal representatives of a deceased claimant, filed a civil application seeking to be brought on record in a first appeal that had been dismissed for procedural delay. They also sought condonation of a 1,120‑day delay in filing this application. The court examined whether such a lengthy delay could be condoned under the principles of equity and procedural law. It further considered the petitioners' request to withdraw the amount deposited by the appellant/acquiring body, along with accrued interest. Finding no impediment, the court condoned the delay, allowed the petitioners to be listed as legal representatives, and permitted the withdrawal of the deposited amount with interest. The applications were consequently allowed and disposed of.

Issues considered

Whether a delay of 1,120 days in filing a civil application for bringing legal representatives on record can be condoned.
Whether the legal representatives of a deceased claimant may withdraw the amount deposited by the appellant/acquiring body, together with accrued interest.

Subjects

condonation of delay
legal representatives
withdrawal of deposit
civil procedure
interest

Judgment

2026:BHC-AUG:38189



                                                     1
                                                                     930-ca-2659-2026

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                   CIVIL APPLICATION NO. 2659 OF 2026
                                            IN FAST/1303/2018

                      Gajabai Manik Kumbhar Died Thr Lrs Sidheshwar And Ors.
                                                 VERSUS
                         The State Of Maharashtra Through The Dist Collector
                                           Osmanabd And Ors.
                                                    …
                     Mr. L. C. Patil, Advocate for Applicants
                     Mr. A. V. Lavte, AGP for Respondents-State
                     Mr. M. S. Kulkarni, Advocate for Respondent no.3
                                                   WITH
                                 CIVIL APPLICATION NO. 2660 OF 2026
                                           IN FAST/1303/2018
                                                    …..
                                           CORAM : AJIT B. KADETHANKAR, J.
                                            DATED : 21ST AUGUST, 2026

                     P.C. :-

                     CIVIL APPLICATION NO. 2660 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

                     prayer is made for condonation of delay and for bringing the
                               2
                                                930-ca-2659-2026

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. 2659 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.2660 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,

I find no impediment in permitting the applicants to withdraw
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                                                     930-ca-2659-2026

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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