Bombay High Court

The Executive Engineer Central Railway Pune and OrsversusRanjanabai Maruti Ekshinge and Ors

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SHAILESH P BRAHME

Holding

The court condoned the 361‑day delay, set aside the abatement, and allowed the legal heirs to be brought on record.

Summary

The petitioners, heirs of deceased claimants, sought condonation of a 361‑day delay in filing first appeals and requested that an earlier abatement order be set aside so that the legal heirs could be placed on record. The court examined the applications, found no malafide intent and held that the delay was unintentional. Consequently, the court condoned the delay, set aside the abatement, and granted leave to bring the legal heirs on record. The civil application (No. 403 of 2026) was allowed, and both parties were given liberty to make the necessary amendments. The court also ordered the listing of all first appeals for final disposal and directed procedural steps for record retrieval.

Issues considered

Whether a delay of 361 days in preferring first appeals can be condoned
Whether the abatement order can be set aside
Whether legal heirs of deceased claimants can be added as parties to the proceedings

Subjects

condonation of delay
abatement
legal heirs
first appeal
civil application
amendment

Judgment

2026:BHC-AUG:1371
                                                 1              34-CA.403-26 & ors.odt


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                               34 CIVIL APPLICATION NO. 403 OF 2026
                                         IN FAST/6862/2025

                         SHAIKH ABBAS SHAIKH MAKBUL DIED L RS 1 A SHAIKH
                                 SHAKIL SHAIKH ABBAS AND OTHERS
                                             VERSUS
                          THE EXECUTIVE ENGINEER CENTRAL RAILWAY AND
                                             OTHERS

                                               WITH
                                CIVIL APPLICATION NO. 3583 OF 2025
                                      IN FAST/6853/2025 WITH
                                CIVIL APPLICATION NO. 3590 OF 2025
                                      IN FAST/6862/2025 WITH
                                CIVIL APPLICATION NO. 3593 OF 2025
                                      IN FAST/6865/2025 WITH
                                CIVIL APPLICATION NO. 3588 OF 2025
                                         IN FAST/6859/2025


                                                  ...
                        Advocate for Applicants in CA/403/2026 : Mr. Ram B.
                                            Deshpande.
                        Advocate/DSGI for Respondent/UOI : Mr. A. G. Talhar.
                    Advocate/DSGI for Appellants/UOI in all FA & Delay : Mr. A. G.
                                               Talhar.
                     Advocate for respondents/claimants in 6862/2025 : Mr. R. B.
                                            Deshpande.
                                                  ...

                                               CORAM : SHAILESH P. BRAHME, J.
                                               DATE : 13.01.2026

                    PER COURT :-


                    1.     Heard both sides.
                              2                     34-CA.403-26 & ors.odt


2.    Applicants are praying for condonation of delay in

setting   aside   abatement       and    bringing    legal    heirs    of

deceased/claimants on record.


3.    First Appeal No.6862 of 2025 is filed by the acquiring

body and it is under obligation to take steps against the

deceased claimants. The cause of action survives as against the

legal heirs. They are necessary parties. The delay is

unintentional. The delay stands condoned, abatement is set

aside and leave is granted to bring legal heirs of deceased

claimants on record.


4.    Civil Application No.403 of 2026 is allowed.


5.    Both parties shall be at liberty to carry out necessary

amendment.


Civil Applications for Delay in all FA


6.    The applicant/acquiring body is praying for delay of 361

days in preferring first appeals.


7.    The averments of the applications have not been

controverted. There are no malafides on the part of the

applicants. The delay stands condoned.


8.    Civil applications for delay are allowed.
                             3                   34-CA.403-26 & ors.odt




First Appeals


9.      List all first appeals on 12.02.2026 along with other

connected matters for final disposal.


10.     Call for Record and Proceedings from the concerned

Court.


11.     Print is dispensed with.




                                         (SHAILESH P. BRAHME, J.)

                                   ...

vmk/-

Continue reading with your account

Checking your session…