Bombay High Court

AMRUT MAHADEV KALE DIED THR LRS ANNAPURNA 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 substitution of the deceased respondent’s legal representatives, and permitted the withdrawal of the deposited amount with interest.

Summary

The appellant filed a first appeal which was dismissed for non‑condonation of delay. The sole respondent died, and the appellant sought to bring the deceased respondent's legal representatives on record through Civil Application No. 2661, requesting condonation of a 1,120‑day delay. The High Court condoned the delay, allowed the substitution of parties, and ordered the amendment of the first appeal to include the legal representatives. Subsequently, Civil Application No. 2662 was filed by those representatives to withdraw the amount deposited by the appellant/acquiring body in the court. The Court, noting that the appeal had already been dismissed, permitted the withdrawal with accrued interest. Both applications were therefore allowed.

Issues considered

Whether a delay of 1,120 days in filing a civil application for substitution of parties can be condoned.
Whether the legal representatives of a deceased sole respondent can be brought on record after the respondent's death.
Whether the legal representatives may withdraw the amount deposited by the appellant/acquiring body in the court.

Subjects

delay condonation
substitution of parties
legal representatives
withdrawal of deposit
civil application
High Court of Bombay

Judgment

2026:BHC-AUG:38190



                                                     1
                                                                     930-ca-2661-2026

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                   CIVIL APPLICATION NO. 2661 OF 2026
                                            IN FAST/1295/2018

                        Amrut Mahadev Kale Died Thr Lrs Annapurna And Ors.
                                                 VERSUS
                     The State Of Maharashtra Through The Collector Osmanabad
                                                 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. 2662 OF 2026
                                           IN FAST/1295/2018
                                                    …..
                                           CORAM : AJIT B. KADETHANKAR, J.
                                            DATED : 21ST AUGUST, 2026

                     P.C. :-

                     CIVIL APPLICATION NO. 2661 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-2661-2026

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. 2662 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.2661 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
                                    3
                                                     930-ca-2661-2026

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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