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
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