Bombay High Court

YADAV PANDURANG TAMBE (DIED) THR LRS RUPABAI DIED THR LRS SHAHU DIED THR LRS LAXMI AND ORSversusTHE STATE OF MAHARASHTRA THR THE COLLECTOR, OSMANABAD AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The application for correction of serial numbers and substitution of the legal representative of the deceased applicant is allowed.

Summary

The petitioners sought leave to correct the serial numbers of the applicants and to record the legal representative of applicant No.1A, Shahu, after the original applicant died during the pendency of the suit. The respondent‑claimant, the Executive Engineer, raised no objection to the amendment. The Court examined the application and, finding no prejudice, allowed the correction and substitution of the legal representative. The Court also condoned any delay in filing the application. Consequently, the petitioners were directed to amend the title clause of the First Appeal and related applications within two weeks.

Issues considered

Whether the court may permit correction of serial numbers of applicants in a civil suit
Whether the legal representative of a deceased applicant may be brought on record during pendency of proceedings

Subjects

civil procedure
amendment of pleadings
substitution of parties
death of party
leave to correct

Judgment

2026:BHC-AUG:39759

CA.556.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

CIVIL APPLICATION NO. 556 OF 2025
IN FA/2248/2018
Yadav Pandurang Tambe (died) Through L.Rs.
VERSUS
The Executive Engineer,
Irrigation Project Majbutikaran Div. Omerga And Ors

----
Mr.R.V.Naiknaware, Advocate for applicants
Mr.G.B.Rajale, Advocate for respondent – claimant
Mr.K.B.Jadhavar, AGP for State
----

CORAM : AJIT B. KADETHANKAR, J.
DATE : AUGUST 29, 2026
ORDER :-

At the outset, Mr.Naiknaware, learned counsel for the

applicants/claimants seeks leave to correct the serial numbers of the

applicants.

2. This Civil Application is filed to bring on record the legal

representatives of applicant No.1A – Shahu s/o. Dadarao Kashid. It is

submitted that the deceased applicant died during pendency of this

proceedings before this court.

3. Learned advocate for the acquiring body has no objection

to allow this application.

4. Hence, for the reasons stated in the application, the

application stands allowed. Delay, if any, in filing this application

stands condoned.
2 CA.556.2025

5. The appellant shall carry out necessary amendment in

the title clause of the First Appeal and the applications therein within

two weeks from today.

[AJIT B. KADETHANKAR, J.]
………..
KBP

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