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.)

                                   ...

vmk/-

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