Bombay High Court

NIVARTHI RAMJI NARHARE DIED THR LRS TRIVENABAI AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH THE DISTRICT COLLECTOR LATUR AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the delay and set aside the abatement, allowing the heirship certificates and directing amendment of the first appeals.

Summary

The High Court entertained two civil applications filed by the legal heirs of deceased claimants Nivarti Ramji Narhare and Ankush, seeking condonation of delay (618 days and 1,376 days respectively) and setting aside of abatement. The applicants produced heirship certificates issued by a competent court. The Court examined whether the delay could be condoned and the abatement set aside in light of the heirship certificates. It held that the delay was condonable and the abatement could be removed, thereby allowing the applications. Consequently, the Court ordered that the necessary amendments be made to the related first appeals within two weeks, and stayed further proceedings until 1 September 2026.

Issues considered

Whether the delay of 618 days and 1,376 days in filing the applications can be condoned
Whether the abatement of the claims can be set aside on the basis of the heirship certificates
Whether the first appeals can be amended to reflect the inclusion of the legal heirs

Subjects

legal heir
condonation of delay
abatement
heirship certificate
civil application
amendment of appeal

Judgment

2026:BHC-AUG:38040
Dilwale 1 904-CA-6099-26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

904 CIVIL APPLICATION NO. 6099 OF 2026
IN
CROSS OBJECTION NO. 203 OF 2026

Nivarthi Ramji Narhare Died Thr Lrs Trivenabai And Ors.
VERSUS
The State Of Maharashtra Through The District Collector Latur And Ors.
...
Advocate for Applicants : Mr. Gundre Suraj V
AGP for Respondent-State: Mr. A. M. Phule
...

WITH
FIRST APPEAL NO. 1589 OF 2009

The Chief Executive Engineer And Anr
VERSUS
Sunil Gunwantrao Shelke And Ors
...
Advocate for Appellants : Mr. M. N. Navandar
AGP for Respondent-State: Mr. A. M. Phule

WITH
FIRST APPEAL NO. 1594 OF 2009

The Chief Ex Eng ( Construction ) Central Railway Mumbai And Anr
VERSUS
Nivarathi Ramji Narhare And Ors
...
Advocate for Appellants : Mr. M. N. Navandar
AGP for Respondent-State: Mr. A. M. Phule

WITH
FIRST APPEAL NO. 1591 OF 2009

The Chief Executive Engineer And Anr
VERSUS
Mohd Ismile Sheikh Maheboob And Ors
...
...
Advocate for Appellants : Mr. M. N. Navandar
Dilwale 2 904-CA-6099-26.odt

AGP for Respondent-State: Mr. A. M. Phule

WITH
FIRST APPEAL NO. 1592 OF 2009

The Chief Exe Engineer And Anr
VERSUS
Govind Biru Rathod And Ors
...
Advocate for Appellants : Mr. M. N. Navandar
AGP for Respondent-State: Mr. A. M. Phule
Advocate for Respondent No.1 : Mr. Gundre Suraj V.

WITH
CIVIL APPLICATION NO. 3880 OF 2026
IN
CROSS OBJECTION NO. 203 OF 2026

Nivarathi Ramji Narhare And Ors.
VERSUS
The State Of Maharashtra Through The District Collector Latur And Ors.
...
Advocate for Applicants : Mr. Gundre Suraj V
AGP for Respondent-State: Mr. A. M. Phule
...

WITH
X-OBJECTION NO. 205 OF 2026
IN
FIRST APPEAL NO.1592 OF 2009

Govind Biru Rathod
VERSUS
The State Of Maharashtra And Ors
...
Advocate for the Petitioner : Mr. Gundre Suraj V.
AGP for Respondent-State: Mr. A. M. Phule
Advocate for Respondent Nos.3 & 4 : Mr. Navandar Manish N.

WITH
X-OBJECTION NO. 206 OF 2026
IN
FIRST APPEAL NO.1590 OF 2009
Dilwale 3 904-CA-6099-26.odt

Jaishri Damodhar Chavan
VERSUS
The State Of Maharshtra And Ors
...
Advocate for the Petitioner : Mr. Gundre Suraj V.
AGP for Respondent-State: Mr. A. M. Phule
Advocate for Respondent Nos.3 & 4 : Mr. Navandar Manish N.

WITH
X-OBJECTION NO. 207 OF 2026
IN
FIRST APPEAL NO.1591 OF 2009

Mohd Ismile Sheikh Maheboob Died Th Lrs Malanbi Mohmab Ismile
Shaikh And Ors
VERSUS
The Stat E Of Maharashtra And Ors
...
AGP for Respondent-State: Mr. A. M. Phule
Advocate for Respondent Nos.3 & 4 : Mr. Navandar Manish N.

WITH
FIRST APPEAL NO. 1590 OF 2009

The Chief Ex Eng ( Construction ) Central Railway Mumbai And Anr
VERSUS
Jaishri Damodhar Chavan And Ors
...
Advocate for Appellant : Mr. M. N. Navandar
AGP for Respondent-State: Mr. A. M. Phule
Advocate for Respondent No.1 : Mr. Gundre Suraj V.

WITH
X-OBJECTION (STAMP) NO. 796 OF 2012
IN
FIRST APPEAL NO.1589 OF 2009

Sunil Gunwantrao Shelke And Anr
VERSUS
The State Of Mah And Ors
...
Advocate for the Petitioners : Mr. Suraj V Gundre
AGP for Respondent-State: Mr. A. M. Phule

WITH
Dilwale 4 904-CA-6099-26.odt

FIRST APPEAL NO. 957 OF 2009

Union Of India
VERSUS
Baburao Mallikarjun Patil And Anr
...
Advocate for Appellant : Mr. M. N. Navandar
AGP for Respondent-State: Mr. A. M. Phule

WITH
FIRST APPEAL NO. 1593 OF 2009

The Chief Executive Engineer And Anr
VERSUS
Subhash Baburao Yadav And Ors
...
Advocate for Appellants : Mr. M. N. Navandar
AGP for Respondent-State: Mr. A. M. Phule
Advocate for Respondent No.1 : Mr. Gundre Suraj V.

WITH
X-OBJECTION NO. 203 OF 2026
IN
FIRST APPEAL NO. 1594 OF 2009

Nivarathi Ramji Narhare And Ors
VERSUS
The State Of Maharashtra And Ors

WITH
X-OBJECTION NO. 204 OF 2026
IN
FIRST APPEAL NO.1593 OF 2009

Subhash Baburao Yadav And Ors
VERSUS
The State Of Maharashtra And Ors
...
Advocate for the Petitioners : Mr. Gundre Suraj V.
AGP for Respondent-State: Mr. A. M. Phule
Advocate for Respondent Nos.3 & 4 : Mr. Navandar Manish N.
….
Dilwale 5 904-CA-6099-26.odt

CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 18.08.2026

PER COURT :
ORDER IN CIVIL APPLICATION NO. 6099 OF 2026

1. This application is filed for bringing on record legal heirs of

deceased/claimant Nivarti by condoning the delay of 618 days and by

setting aside abatement.

2. The learned counsel for the applicants has tendered a copy of

heirship certificate dated 20.07.2026 issued by Competent Court,

considering the same and the averments made in the application, the

Civil Application is allowed in terms of prayer Clauses (B), (C) and (C-1).

3. Amendment be carried out within a period of two weeks.

ORDER IN CIVIL APPLICATION NO. 3880 OF 2026

4. This application is filed for bringing on record legal heirs of

deceased/claimant Ankush by condoning the delay of 1376 days and by

setting aside abatement.

5. The learned counsel for the applicants has tendered a copy of

heirship certificate dated 12.08.2021 issued by Competent Court,

considering the same and the averments made in the application, the

Civil Application is allowed in terms of prayer Clauses (B), (C) and (C-1).

6. Amendment be carried out within a period of two weeks.
Dilwale 6 904-CA-6099-26.odt

ORDER IN FIRST APPEALS FILED BY THE ACQUIRING BODY

7. In view of the fact that the applications filed by the claimants for

bringing legal heirs of deceased claimants is allowed, the acquiring body

is permitted to carry out the amendment accordingly in respective First

Appeals with a period of two weeks from today.

8. Stand over to 01.09.2026.

[ SIDDHESHWAR S. THOMBRE ]
JUDGE

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