Bombay High Court
GORAKH TUKARAM DESHMUKH DIED THROUGH LRS VIJAY GORAKH DESHMUKHversusTHE EXECUTIVE ENGINEER
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SHAILESH P BRAHME
Holding
The court condoned the delays, set aside the abatement, allowed the legal heirs to be recorded and confirmed the interim relief.
Summary
The applicant sought condonation of a 1,062‑day delay in setting aside an abatement and in bringing the legal heirs of the deceased Gorakh Tukaram Deshmukh on record. The court found the delay was not intentional and granted condonation, setting aside the abatement and allowing the heirs to be recorded. In a separate application, the applicant requested condonation of an 822‑day delay in filing an appeal; the court again found no mala‑fides and condoned the delay. The court also confirmed the ad‑interim relief previously granted after the acquiring body deposited the ordered amount. All the civil applications were subsequently disposed of. The orders were pronounced by Justice Shailesh P. Brahme.
Issues considered
- Whether a delay of 1,062 days in setting aside abatement and bringing legal heirs on record can be condoned
- Whether a delay of 822 days in preferring an appeal can be condoned
- Whether the ad‑interim relief granted earlier should be confirmed after the acquiring body deposited the amount
Subjects
- condonation of delay
- abatement
- legal heirs
- interim relief
- civil procedure
- appeal
Judgment
2026:BHC-AUG:10567
54 CA 2856 26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
54 CIVIL APPLICATION NO. 2856 OF 2026
IN FAST/27002/2024
WITH
CIVIL APPLICATION NO. 1387 OF 2026
IN FAST/27002/2024
WITH
CIVIL APPLICATION NO. 13203 OF 2024
IN FAST/27002/2024
WITH
CIVIL APPLICATION NO. 13204 OF 2024
IN FAST/27002/2024
GORAKH TUKARAM DESHMUKH DIED THROUGH LRS VIJAY
GORAKH DESHMUKH
VERSUS
THE EXECUTIVE ENGINEER
...
Advocate for Applicant : Mr. Shahaji C. Nadare h/f Mr. Naiknavare
Ramesh Vitthal
Advocate for Respondent no. 1 : Mr. Ruturaj C. Patil
AGP for Respondent nos. 2 & 3 : Mr. N.D. Raje
...
CORAM : SHAILESH P. BRAHME, J.
DATE : 09.03.2026
PER COURT :
CIVIL APPLICATION No. 1387/2026 IN fast 27002/2024
1. The applicant seeks to condone delay of 1062 days in setting aside
abatement and bringing legal heirs of deceased Gorakh Tukaram Deshmukh
on record. The cause of action survives as against heirs of deceased Gorakh
Tukaram Deshmukh. They are necessary parties. The delay is not
intentional. It stands condoned. Abatement is set aside and leave is granted
to bring his legal heirs on record.
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54 CA 2856 26.odt
CIVIL APPLICATION NO. 13203/2024 IN FAST/27002/2024
2. The applicants seek to condone delay of 822 days in preferring the
appeal.
3. For the reasons stated in the application, it is desirable to condone
delay. No mala fides can be inferred on the part of the applicant in
preferring the appeal belatedly.
4. The delay stands condoned.
5. Civil Application is disposed of.
CIVIL APPLICATION NO. 13204/2024 IN FAST/27002/2024
6. As the Acquiring Body has deposited the amount in pursuance of the
orders passed by this Court, ad interim relief granted earlier shall stand
confirmed.
7. The Civil Application is disposed of.
CIVIL APPLICATION NO. 2856/2026 IN FAST/27002/2024
8. As the civil application for bringing legal heirs of deceased Gorakh on
record is allowed, the civil application is disposed of.
( SHAILESH P. BRAHME, J.)
mkd/-
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