Bombay High Court

NIVRUTTI GANPATI MITAKARI (DIED) THR LEGAL REPR. INDUBAI DIED THR LEGAL REPR. SHOBHA AND ORS.versusTHE EX. ENGINEER, MINOR IRRIGATION DEPARTMENT OSMANABAD AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court allowed the application, condoned the delay, set aside any abatement, and permitted amendment of the appeal title to include the legal representative of the deceased.

Summary

The applicants filed a civil application to record the legal representative of the deceased Indubai in a pending appeal concerning land acquisition. The first appeal had been filed by the acquiring body, and during its pendency the respondent Indubai died, necessitating substitution by his legal representative. The application was filed after a delay of 4,312 days, and the applicants argued they were unaware of the proceedings. The court examined whether such a delay could be condoned and whether any abatement of the appeal should stand. It held that the delay was condonable, set aside any abatement, and permitted amendment of the appeal title to include the legal representative. Consequently, the application was allowed and the civil application was disposed.

Issues considered

Whether a delay of 4,312 days in filing an application to record a legal representative can be condoned.
Whether abatement of the appeal, if any, should be set aside due to the death of a party.
Whether the title of the first appeal can be amended to incorporate the legal representative of the deceased.

Subjects

legal representative
death of party
condonation of delay
abatement
amendment of pleadings
civil procedure

Judgment

2026:BHC-AUG:40216



                                            (1)                    942 CA 4045 OF 2026


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                          942 CIVIL APPLICATION NO. 4045 OF 2026
                                      IN FA/3903/2019

             NIVRUTTI GANPATI MITAKARI (DIED) THR LEGAL REPR. INDUBAI DIED
                               THR LEGAL REPR. SHOBHA AND ORS.
                                               VERSUS
           THE EX. ENGINEER, MINOR IRRIGATION DEPARTMENT OSMANABAD AND
                                                ORS.
                                                   ...
           Mr. G. B. Kingre h/f. Mr. D. H. Jadhavar, Advocate for Applicants
           Mr. S. N. Kendre h/f. Ms. Chaitali Kutti, Advocate for Respondent No.1

                                           WITH
                            CIVIL APPLICATION NO. 5376 OF 2026
                                      IN FA/3903/2019

             NIVRUTTI GANPATI MITAKARI (DIED) THR LRS INDUBAI DIED THR HER
                           LEGAL REPR. SAU SHOBHA AND ORS.
                                        VERSUS
            THE EX. ENGINEER, MINOR IRRIGATION DEPARTMENT OSMANABAD AND
                                          ORS.

                                           WITH
                            CIVIL APPLICATION NO. 6932 OF 2021
                                      IN FA/3903/2019

                           KALAWATI BHASKAR SHELKE AND ORS
                                        VERSUS
            THE EX. ENGINEER, MINOR IRRIGATION DEPARTMENT OSMANABAD AND
                                          ORS

                                            WITH
                            CIVIL APPLICATION NO. 10014 OF 2026
                                       IN FA/3903/2019

             NIVRUTTI GANPATI MITAKARI (DIED) THR LRS INDUBAI DIED THR LRS
                                   SHOBHA AND ORS
                                       (2)                        942 CA 4045 OF 2026


                               VERSUS
     THE EX. ENGINEER, MINOR IRRIGATION DEPARTMENT OSMANABAD
                                  …

                                  CORAM      : AJIT B. KADETHANKAR, J.
                                  DATE       : 02.09.2026

PER COURT :-

CIVIL APPLICATION NO. 4045 OF 2026 IN FA/3903/2019

.            Heard learned Advocate for the applicants and learned Advocate

for the acquiring body.


2.           This application is filed to bring on record the legal representative

of applicant No.1A Indubai. The first appeal is filed by the acquiring body

wherein the present applicants are the respondents. During the pendency of

the appeal, the respondent – Indubai is reported to be died. The applicant

No.1A(i) is said to be the legal representative of the deceased Indubai. There

is delay of 4312 days caused in filing this application.


3.           It is submitted that the applicant was unaware of the present

proceedings pending before this Court. Upon getting knowledge of these

proceedings, the application is filed although at belated stage. It is submitted

that the interest of the applicant No.1A(i) is involved in this matter in the

capacity of legal representative of deceased Indubai.
                                      (3)                        942 CA 4045 OF 2026


4.          For the reasons stated in the application, the same stands allowed.

Delay in filing the application stands condoned. Abatement, if any, is set aside.


5.          The applicants to amend the title clause of the first appeal and

applications therein, if any, by incorporating the name of applicant No.1A(i) as

legal representative of deceased Indubai.


6.          Civil Application stands disposed of accordingly.




                                                   [AJIT B. KADETHANKAR, J.]
PRW

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