Bombay High Court

DATTU MADHAVRAO SHINDE DIED THR LRS LOCHANDABAI AND ORS.versusTHE STATE OF MAHARASHTRATHROUGH COLLECTOR OSMANABAD AND ANR.

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SANJAY A DESHMUKH

Holding

The court held that the delay was not deliberate and therefore condoned, setting aside the abatement and permitting the legal representatives to be brought on record.

Summary

The appellant, an agriculturist, filed an application seeking condonation of a 5,497‑day delay in filing a civil application to bring the legal representatives of a deceased claimant, Dattu Madhavrao Shinde, on record and to set aside an abatement. The State opposed the application, arguing that the reasons for the delay were insufficient. The court noted that the appellant had no legal knowledge and there was no communication with counsel, indicating the delay was not deliberate. Relying on the Supreme Court’s decision in New Okhla Industrial Development Authority v. Rameshwar @ Ramesh Chandra Sharma (Dead) Through Legal Heir & Anr., the court held that the delay could be condoned in the interest of justice. Consequently, the court allowed the application, condoned the delay, set aside the abatement, and directed the appellant to amend the appeal memo to include the legal representatives by 30‑03‑2026.

Issues considered

Whether a delay of 5,497 days in filing a civil application can be condoned.
Whether the abatement of the proceeding should be set aside.
Whether legal representatives of a deceased claimant can be brought on record after such delay.

Subjects

condonation of delay
abatement
legal representatives
civil procedure
interest of justice

Judgment

                                                917 CA NO.3312 OF 2026.odt


       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD
            917 CIVIL APPLICATION NO.3312 OF 2026
                        IN FA/1691/2010
                     Dattu Madhavrao Shinde
                             VERSUS
                    The State Of Mah And Ors
                                 ...
Mr. Ingale Vivekanand V., Advocate for Appellant
Mr. S. G. Joshi, AGP for Respondents/State
Mr. Sangle Shirish G., Advocate for Respondent No.2

                    CORAM : SANJAY A. DESHMUKH, J.
                      DATE : 18.03.2026
PER COURT :-

1.        Not on board. Upon being mentioned, taken on board.


2.        This is an application for condonation of 5497 days

delay caused in filing the present Civil Application for bringing the

legal representatives of deceased claimant on record as well as for

setting aside abatement.


3.        Learned AGP for the respondent / State strongly

opposed the application and submitted that sufficient reasons are

not given to allow the applications. He prayed to reject the

applications.


4.        On perusal of the application, it appears that the

applicant is the agriculturist having no knowledge of legal

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proceedings. There was no communication between the applicant’s

family members and the advocate. This shows that the delay is not

deliberately caused. Considering the reasons stated in the application

and the law laid down by the Hon’ble Supreme Court in Civil Appeal

No.8331-8345 of 2022 in the case of New Okhla Industrial

Development Authority Vs. Rameshwar @ Ramesh Chandra Sharma

(Dead) Through Legal heir & Anr. decided on 17.11.2022, the

claimants are entitled to receive reasonable amount of compensation

at par with other similarly situated landowners. Therefore, the delay

deserves to be condoned in the interest of justice, as it is not

deliberately caused. Hence, the following order:

                               ::ORDER::

       a.    The application is allowed.
       b.     The delay of 5497 days caused in filing the
       Civil Application for bringing the legal representative
       of deceased claimant on record is condoned.
       c.    The abatement is set aside.
       d.    The    permission   to   bring     the  legal
       representatives   of    deceased     claimant-Dattu
       Madhavrao Shinde on record is granted.
       e.   The applicants are directed to amend the
       appeal memo by bringing the legal representatives of
       the deceased claimant on record on or before
       30.03.2026.

                                 [ SANJAY A. DESHMUKH, J. ]

  HRJadhav                                                            2 of 2

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