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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