Created by Fuzzy Cloud

Bombay High Court

SATYANARAYAN CHHAGANLAL LOHIYA AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR BEED.

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court allowed the amendment to include the legal heirs and condoned the delay, ordering the first appeal to be placed on 9 July 2026.

Summary

The applicants filed an application to have the legal heirs of appellant No.4, Arjun Laxmanrao Jaher Patil, brought on record and to condone a delay of 1,951 days in filing their first appeal. The court examined the averments and grounds set out in the application. Finding no impediment, the judge allowed the amendment to include the heirs and condoned the delay. Consequently, the first appeal was scheduled to be placed on 9 July 2026. No substantive merits of the underlying dispute were addressed.

Issues considered

  • Whether the court may permit the addition of legal heirs of an appellant to the record at this stage
  • Whether a delay of 1,951 days in filing a first appeal can be condoned

Subjects

  • legal heirs
  • amendment of parties
  • condonation of delay
  • Civil Procedure Code
  • first appeal

Judgment

2026:BHC-AUG:26429
                                                 1 of 1                    04-FA.1220.2004



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                4 CIVIL APPLICATION NO.6671 OF 2026
                                                WITH
                                   FIRST APPEAL NO. 1220 OF 2004

                          SATYANARAYAN CHHAGANLAL LOHIYA AND ORS
                                               VERSUS
                                      STATE OF MAHARASHTRA
                                                  ...
                Mr. Raviraj R. Chandak, Advocate for Applicants.
                Ms. A. S. Mantri, AGP for Respondent-State.
                                                  ...

                                          CORAM :         SIDDHESHWAR S. THOMBRE, J.
                                          DATE    :       2nd JULY, 2026

                P.C.:-

                1.         By the present application, the Applicants are seeking to

                bring the legal heirs of Appellant No.4-Arjun Laxmanrao Jaher Patil on

                record and also are seeking to condone the delay of 1951 days in filing

                first appeal.

                2.         Considering the averments made in the application and the

                grounds stated therein, the application is allowed in terms of prayer

                clauses (B), (B1) and (C).


                3.         Place the first appeal on 09.07.2026.


                                                   (SIDDHESHWAR S. THOMBRE, J.)

      Tauseef


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.