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Bombay High Court

BHAGWANRAO DHARBAJEE GUTTE DIED THR HIS LEGAL REPR. DHANANJAY AND ANR.versusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND ORS.

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court held that the right to continue the appeal devolves upon the legal representatives of the deceased appellant and, in the interest of justice, the 379‑day delay is condoned, allowing amendment of the title clause.

Summary

The deceased appellant Bhagwanrao had filed an appeal for enhancement of compensation under land acquisition law. After his death, his legal representatives sought to be placed on record and to amend the title clause of the appeal, but filed the civil application 379 days late. The respondents objected, citing the unexplained delay. The court examined whether the right to continue the appeal devolves on the legal representatives and whether such a delay could be condoned in the interest of justice. Finding that the statutory right to compensation passes to the heirs, the court condoned the delay and permitted the amendment of the title clause. The civil application was therefore allowed.

Issues considered

  • Whether a delay of 379 days in filing a civil application for legal representation can be condoned.
  • Whether the right to sue and continue an appeal devolves upon the legal representatives of a deceased appellant.
  • Whether amendment of the title clause of an appeal is permissible after the death of the original appellant.

Subjects

  • condonation of delay
  • succession of rights
  • civil application
  • title amendment
  • land acquisition compensation

Judgment

2026:BHC-AUG:40222
                                                 (1)                       923 CA 4436 OF 2026


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                                923 CIVIL APPLICATION NO. 4436 OF 2026
                                            IN FA/3229/2018

                 BHAGWANRAO DHARBAJEE GUTTE DIED THR HIS LEGAL REPR.
                                       DHANANJAY AND ANR.
                                             VERSUS
            THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND
                                               ORS.
                                                 ...
           Mr. N D. Kendre, Advocate for Applicants
           Mr. A. V. Lavte, AGP for Respondent Nos.1 and 2 – State
           Mr. R. B. Deshpande, Advocate for Respondent No.3
                                                …
                                           CORAM : AJIT B. KADETHANKAR, J.
                                           DATE       : 02.09.2026

           PER COURT :-

           .            This Civil Application is for bringing legal representatives of the

           deceased applicant on record. There is delay of 379 days caused in filing the

           Civil Application and hence composite prayer is made for condonation of delay

           and for permitting the applicants to amend the title clause as prayed for in the

           Civil Application.


           2.           It is submitted that during the pendency of the first appeal, the

           sole appellant/applicant died. The applicants were unaware about the

           pendency of the matter and hence could not approached the learned Advocate

           earlier. This has resulted in delay of 379 days in filing the application. He

           submits that the right to sue the appeal/continue the appeal devolves in the

           present applicants and hence, in the interest of justice, the application
                                       (2)                        923 CA 4436 OF 2026


deserves to be allowed.


3.          Mr. Deshpande, learned Advocate for the acquiring body raises

objection to the application. He submits that the application is not bonafide

one and must be rejected on the count of unexplained delay.


4.          I heard the learned Advocates for both the parties.


5.          The first appeal is filed by the deceased Bhagwanrao for

enhancement in the compensation. The claim of enhancement of the

compensation is statutory right of the party of whose land is acquired. That

way, after demise of Bhagwanrao, his right and interest devolve in the present

applicants. In view of this and for the reasons stated in the application, I deem

it appropriate to condone the delay.


6.          Civil Application is allowed. Delay caused in filing the application

stands condoned.


7.          The applicants are permitted to amend the title clause of the

appeal and the applications therein, if any, by incorporating the names of legal

representatives of the deceased applicant Bhagwanrao. Amendment be carried

out within two weeks from today.



                                                   [AJIT B. KADETHANKAR, J.]
PRW


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