Bombay High Court

SHANTABAI TRAMBAK JADHAV (DIED) THR LRS VISHWAS THR LRS RAMABAI AND ORS.versusTHE EX. ENGINEER, M.I.W. (M.I.W.D.) JALGAON AND ANR.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The appeal memorandum may be amended to include the legal representatives of the deceased claimants, and any delay in filing the application is condoned.

Summary

The original claimants Vishwas Trambak Jadhav and Indubai Pandurang Chauthe died before the filing of the first appeal by the acquiring body. Their legal representatives applied to the High Court seeking permission to amend the title clause of the appeal memorandum and any related applications to reflect their status as representatives of the deceased. The Court examined whether such amendment could be permitted despite the death of the parties and whether any delay in filing the application could be condoned. It held that the amendment was permissible and that any delay was condoned. The Court directed the appellant to incorporate the representatives' names within four weeks, warning that failure to comply would result in dismissal of the appeal proceedings.

Issues considered

Whether the title clause of an appeal memorandum can be amended to include legal representatives of deceased claimants
Whether delay in filing such a civil application can be condoned

Subjects

amendment of pleadings
death of parties
legal representation
condonation of delay
civil procedure

Judgment

2026:BHC-AUG:37628



                                            (1)                     939 CA 7009 OF 2026


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                          939 CIVIL APPLICATION NO. 7009 OF 2026
                                     IN FAST/30843/2021

               SHANTABAI TRAMBAK JADHAV (DIED) THR LRS VISHWAS THR LRS
                                         RAMABAI AND ORS.
                                               VERSUS
                     THE EX. ENGINEER, M.I.W. (M.I.W.D.) JALGAON AND ANR.
                                                  ...
           Mr. B. S. Chondhekar, Advocate for Applicants
           Mr. A. V. Lavte, AGP for Respondent-State
           Mr. Pratik Borge h/f. Mr. A. D. Pawar, Advocate for Respondent No.1
                                                WITH
                               CIVIL APPLICATION NO. 7010 OF 2026
                                         IN FAST/30843/2021

            SHANTABAI TRAMBAK JADHAV (DIED) THR LRS VISHWAS DIED THR LRS
                                  RAMABAI AND ORS.
                                        VERSUS
                 THE EX. ENGINEER, M.I.W. (M.I.W.D.) JALGAON AND ANR.
                                         WITH
                          CIVIL APPLICATION NO. 1903 OF 2022
                                  IN FAST/30843/2021

                    THE EX. ENGINEER, M.I.W. (M.I.W.D.) JALGAON AND ANR
                                          VERSUS
                SHANTABAI TRAMBAK JADHAV (DIED) THR LRS VISHWAS AND ORS
                                              …
                                       CORAM : AJIT B. KADETHANKAR, J.
                                       DATE       : 19.08.2026

           PER COURT :-

           CIVIL APPLICATION NO. 7009 OF 2026

           1.         It is contended that the original claimants namely Vishwas

           Trambak Jadhav and Indubai Pandurang Chauthe were expired even before
                                       (2)                        939 CA 7009 OF 2026


filing of the first appeal by the acquiring body. By way of this present

application, the legal representatives of the deceased claimants pray to direct

the appellant to amend the title clause of the appeal memo as also

applications therein, if any, by incorporating the applicants as legal

representatives of the deceased claimants.


2.           For the reasons stated in the application, the same is allowed.

Delay, if any, in filing the civil application stands condoned.


3.           Within four weeks from today, the appellant shall amend the title

clause of the appeal memo and the applications therein, if any by

incorporating the names of legal representatives of the deceased claimants

namely Vishwas Trambak Jadhav and Indubai Pandurang Chauthe. Suffice to

note the details of the legal representatives are mentioned by the applicants at

paragraphs 2 and 3 of the civil application.


4.           Failure on the part of the appellant to take steps shall result into

dismissal of the appeal proceedings without further reference to this Court.




                                                     [AJIT B. KADETHANKAR, J.]
PRW

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