Bombay High Court

GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION , AURANGABAD THR EE LATUR AND ANR.versusCHANDRAKANT GUNDU MORE AND ANR

Disposal: DISPOSED OFF
Bench: KISHORE C SANT SUSHIL M GHODESWAR

Holding

The court condoned the delays, allowed the applications, but barred any claim for interest on the delayed period.

Summary

The Godavari Marathwada Irrigation Development Corporation (GMIDC) filed several civil applications seeking condonation of delay in filing stamp duty appeals and in bringing the legal heirs of deceased respondents on record. The court examined whether the substantial delays—up to 2832 days—could be condoned under procedural law. It held that the reasons provided justified condonation, allowing the applications and ordering the necessary amendments to include the heirs in the title clause. However, the court stipulated that the claimants could not claim interest for the period of delay. The applications were consequently allowed and disposed of.

Issues considered

Whether the delay of up to 2832 days in bringing legal heirs on record can be condoned.
Whether the delay in filing the stamp duty appeals can be condoned.
Whether interest can be claimed for the period of delay.

Subjects

condonation of delay
civil procedure
stamp duty appeal
legal heirs
interest clause
amendment of parties

Judgment

2026:BHC-AUG:24442-DB




                                              (1)            CA-3337-2009+


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                             CIVIL APPLICATION NO. 3337 OF 2009
                                            WITH
                             CIVIL APPLICATION NO. 3338 OF 2009
                                            WITH
                             CIVIL APPLICATION NO. 5909 OF 2008
                                             IN
                           FIRST APPEAL (STAMP) NO. 9619 OF 2008

                 Godavari Marathwada Irrigation
                 Development Corporation
                 Through Its Executive Engineer,
                 Latur Minor Irrigation Division, Latur
                 And Another                              … APPLICANTS

                             VERSUS

                 Chandrakant Gundu More (died)
                 Through L.Rs. And Others                 … RESPONDENTS

                                            AND
                             CIVIL APPLICATION NO. 5953 OF 2008
                                             IN
                           FIRST APPEAL (STAMP) NO. 9511 OF 2008

                 Godavari Marathwada Irrigation
                 Development Corporation
                 Through Its Executive Engineer,
                 Latur Minor Irrigation Division, Latur
                 And Another                              … APPLICANTS

                             VERSUS
                 Baburao Malba Deshmukh And Another       … RESPONDENTS
                             (2)           CA-3337-2009+


                         AND
          CIVIL APPLICATION NO. 5972 OF 2008
                          IN
        FIRST APPEAL (STAMP) NO. 9523 OF 2008

Godavari Marathwada Irrigation
Development Corporation
Through Its Executive Engineer,
Latur Minor Irrigation Division, Latur
And Another                              … APPLICANTS

           VERSUS

Sow. Dagdubai Govind More
Died Through Lrs.
Shripati Govind More And Others          … RESPONDENTS

                         AND
          CIVIL APPLICATION NO. 5974 OF 2008
                          IN
        FIRST APPEAL (STAMP) NO. 9519 OF 2008

Godavari Marathwada Irrigation
Development Corporation
Through Its Executive Engineer,
Latur Minor Irrigation Division, Latur
And Another                              … APPLICANTS

           VERSUS

Shivaji Chandar More
Died Through LRs.
Tejabai Shivaji More And Others          … RESPONDENTS

                              …
                                   (3)                 CA-3337-2009+


Mr. S. G. Sangle, Advocate for respective applicants/ G.M.I.D.C.
Mr. V. K. Kotecha, A.G.P. for the State.
Mr. G. K. Sontakke, Advocate for respective respondents.

                             CORAM : KISHORE C. SANT AND
                                     SUSHIL M. GHODESWAR, JJ.
Date on which reserved for order : 02nd April, 2026.

Date on which order pronounced : 22nd June, 2026.

ORDER (PER KISHORE C. SANT, J.) :-

CIVIL APPLICATION NO. 3337 OF 2009 :

1.    This civil application is filed for condonation of delay caused in

bringing legal heirs of deceased Chandrakant Gundu More/respondent

No. 1 on record. There is delay of 2832 days caused in bringing legal

heirs on record.

2.    For the reasons stated in the civil application, delay stands

condoned. The civil application is allowed and the same is disposed of.

CIVIL APPLICATION NO. 3338 OF 2009 :

1.    This civil application is filed for bringing legal heirs of deceased

Chandrakant Gundu More/respondent No. 1 on record. The learned

advocate Mr. Jamalpurkar appears for the legal heirs of respondent

No. 1.
                                        (4)                CA-3337-2009+


2.       For the reasons stated in the civil application, civil application

stands allowed. Amendment be carried out within two weeks from the

date of this order. The legal heirs of the respondent No. 1 be shown in

the title clause of the first appeal.

3.       The civil application is disposed of.

CIVIL APPLICATION NO. 5909 OF 2008
CIVIL APPLICATION NO. 5953 OF 2008
CIVIL APPLICATION NO. 5972 OF 2008
CIVIL APPLICATION NO. 5974 OF 2008 :

1.       These civil applications are filed for condonation of delay in filing

the appeals.

2.       For the reasons recorded in the civil applications, delay stands

condoned. However, the claimants shall not be entitled to claim interest

for the period of delay.

3.       The civil applications are allowed and disposed of accordingly.



( SUSHIL M. GHODESWAR, J.)                          ( KISHORE C. SANT, J. )


P.S.B.

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