Bombay High Court

TRIVENABAI RAMA SIRSAT (DIED) THR LRS RAMA DIED THR LRS MAHADEO AND ORSversusTHE STATE OF MAHARASHTRA, THROUGH COLLECTOR, OSMANABAD AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court held that the appellant must amend the title clause to include the legal representatives of the deceased respondents, condoned the delay, and quashed any abatement.

Summary

The Acquiring Body filed a first appeal against a land acquisition award. During the appeal, respondent No.1‑F, Padmin Dashrath Jogdand, died, prompting a civil application to amend the appeal’s title clause to insert his legal representatives and delete his name. Similar applications were filed to delete the name of another deceased respondent, Rama Pandu Shirsat, and to allow amendments in related applications. The Court condoned the delay in filing, quashed any abatement, and ordered the appellant to amend the title clause within four weeks. All the civil applications were allowed and disposed of.

Issues considered

Whether the appellant may be directed to amend the title clause of the appeal to reflect the legal representatives of a deceased respondent.
Whether the delay in filing the amendment application can be condoned.
Whether any abatement arising from the death of a respondent should be set aside.

Subjects

Civil Procedure Code
Amendment of pleadings
Death of party
Legal representation
Abatement
Condonation of delay

Judgment

                                 1
                                                932-ca-10786-2026

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

              CIVIL APPLICATION NO. 10786 OF 2026
                       IN FAST/12292/2021

 Trivenabai Rama Sirsat (died) Thr Lrs Rama Since Deceased
                      Mahadeo And Ors.
                           VERSUS
  The State Of Maharashtra, Through Collector, Osmanabad
                           And Ors.
                               ...
Mr. A. S. More, Advocate for Applicants
Mr. S. P. Sonpawale, AGP for Respondent-State
Mr. A. S. Shelke, Advocate for Respondent no.3
                               ...
                            WITH
CIVIL APPLICATION NO. 6089 OF 2021 IN FAST/12292/2021
                            WITH
CIVIL APPLICATION NO. 3780 OF 2025 IN FAST/12292/2021
                            WITH
CIVIL APPLICATION NO. 6090 OF 2021 IN FAST/12292/2021
                            WITH
CIVIL APPLICATION NO. 3779 OF 2025 IN FAST/12292/2021
                              …..
                     CORAM : AJIT B. KADETHANKAR, J.
                        DATED : 16TH SEPTEMBER, 2026

P.C. :-

CIVIL APPLICATION NO. 10786 OF 2026

.         First Appeal is filed by the Acquiring Body against the

judgment and award passed in Land Acquisition Reference

No.247 of 2014 by learned Joint Civil Judge Senior Division,

Paranda.
                                  2
                                                   932-ca-10786-2026

2.       During the pendency of the First Appeal, respondent

no.1-F namely Padmin Dashrath Jogdand is learnt to be no

more. By way of this Civil Application, directions are sought to

the appellant to amend the title clause by incorporating the

names      of   applicant   nos.1-F-(1)   to     1-F-(4)   as   legal

representatives of respondent no.1-F.

3.       For the reasons stated in the application, the same

stands allowed. Delay caused in filing the present application

stands condoned. Abatement if any, stands quashed and set

aside.

4.       Within a period of four weeks from today, the appellant

shall amend the title clause of the Appeal and applications

therein by incorporating names of applicant nos.1-F-(1) to

1-F-(4) as legal representatives of deceased respondent no.1-F

Padmin Jogdand. Name of respondent no.1-F be deleted.

5.       Civil Application stands disposed of.

CIVIL APPLICATION NO. 3779 OF 2025
.        This Civil Application is filed seeking permission to

delete the name of respondent no.1-A namely Rama Pandu

Shirsat. It is submitted that the respondent no.1-A Rama

Shirsath is died and his legal representatives are already on

record.
                               3
                                                932-ca-10786-2026

2.      In view of the above, Civil Application stands allowed.

Amendment be carried out in the appeal and applications

therein within a period of four weeks from today.

CIVIL APPLICATION NO. 6089 OF 2021
CIVIL APPLICATION NO. 3780 OF 2025
CIVIL APPLICATION NO. 6090 OF 2021

.       Stand over to 30.09.2026.



                                    ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026

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