Bombay High Court
DAGADUPANT BALIRAM JADHAV SINCE DECEASED THR LRS SHIVRAJ AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH THE DIST COLLECTOR OSMANABAD AND ORS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court held that both the delay in bringing the legal heirs on record and the delay in filing the appeal were condonable, and therefore allowed the civil application.
Summary
The petitioners filed a civil application to bring the legal heirs of the original claimant, Dagadupant Baliram Jadhav, on record, despite a delay of 1,673 days, which they explained in the application. The court examined whether such a long delay could be condoned for the purpose of adding the heirs as necessary parties. The application also sought condonation of a 740‑day delay in filing an appeal, with the reasons for the delay set out in the petition. The bench, after considering the explanations provided, held that the delays were satisfactorily justified and could be condoned. Consequently, the court allowed the civil application, permitting the inclusion of the legal heirs and condoning the appeal delay, and disposed of the application accordingly.
Issues considered
- Whether the legal heirs of the original claimant can be brought on record despite a delay of 1,673 days.
- Whether a delay of 740 days in filing the appeal can be condoned.
Subjects
- legal heirs
- condonation of delay
- civil application
- procedural law
- limitation
Judgment
1 1042-CA.6121-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
1042 CIVIL APPLICATION NO. 6121 OF 2026
IN FAST/9055/2026
DAGADUPANT BALIRAM JADHAV SINCE DECEASED THR LRS
SHIVRAJ AND ORS.
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE DIST
COLLECTOR OSMANABAD AND ORS.
WITH CIVIL APPLICATION NO. 6120 OF 2026
IN FAST/9055/2026
...
Advocate for Applicant : Ms. Sejal A. Sisodiya h/f Mr. Bhandari
Anand P.
AGP for Respondent/s-State : Ms. D. S. Jape.
Advocate for Respective Respondent/s : Ms. Sunita D. Shelke.
...
CORAM : MANJUSHA A. DESHPANDE, J.
DATE : 24.09.2026
PER COURT :-
1. Civil application is filed for bringing legal heirs of
original claimant/appellant No.1 on record. There is delay of
1673 days in filing the civil application. The delay is
appropriately explained in the civil application. Legal heirs are
necessary parties. Names of the proposed legal heirs are
already stated in the title clause of the civil application.
2. Civil application is allowed in terms of prayer clause “B”.
2 1042-CA.6121-26.odt
Civil Application for Delay
3. Civil application is filed for condonation of delay of 740
days caused in filing the appeal. The delay is appropriately
explained in the application. All the respondents are served
upon issuance of notice.
4. For the reasons stated in the application, civil application
is allowed by condoning the delay of 740 days.
5. Civil application is disposed of accordingly.
(MANJUSHA A. DESHPANDE, J.)
...
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