Bombay High Court

GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION , AURANGABAD THR EE LATUR AND ANRversusDAGDUBAI GOVIND MORE THR LRS AND ORS

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

Holding

The court condoned the delays, allowed the civil applications, and barred any claim for interest during the delayed period.

Summary

The High Court of Bombay, Aurangabad Bench considered several civil applications filed by Godavari Marathwada Irrigation Development Corporation seeking condonation of delay in bringing legal heirs of deceased respondents and in filing stamp appeals. The court examined a delay of 2,832 days in adding legal heirs to the record and also delays in filing the appeals themselves. It held that the delays were condoned, allowing the applications, and ordered that the legal heirs be added to the title clause within two weeks. However, the court stipulated that the claimants could not claim interest for the period of delay. All the applications were consequently allowed and disposed of.

Issues considered

Whether a delay of 2,832 days in bringing legal heirs of a deceased respondent on record can be condoned.
Whether delays in filing stamp appeals can be condoned.
Whether claimants are entitled to interest for the period of delay.

Subjects

condonation of delay
civil application
stamp appeal
legal heirs
interest
amendment

Judgment

2026:BHC-AUG:24444-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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