Bombay High Court
GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION , AURANGABAD THR EE LATUR AND ANRversusSHIVAJI CHANDAR MORE AND ORS
- Disposal
- DISPOSED OFF
Holding
The court condoned the delays in both bringing heirs on record and filing the appeals, but denied any claim for interest.
Summary
The Godavari Marathwada Irrigation Development Corporation (GMIDC) filed several stamp duty appeals against multiple respondents, many of whom were deceased. The corporation sought condonation of substantial delays—up to 2832 days—in bringing the legal heirs of the deceased onto the record and in filing the appeals. The court examined the reasons provided for the delays, applying the principles of condonation under procedural law, and determined that the delays could be excused. It ordered that the legal heirs be added to the title clause of the first appeal and that the appeals be amended within two weeks. While the delays were condoned, the court held that the claimants could not claim interest for the period of delay. All civil applications were allowed and disposed of accordingly.
Issues considered
- Whether the delay in bringing legal heirs of deceased respondents 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
- stamp duty
- condonation of delay
- civil procedure
- amendment of parties
- interest
- procedural law
Judgment
2026:BHC-AUG:24445-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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