Bombay High Court

VINAYAK SUKHDEO DHATBALE DECEASED THROUGH ITS LRS NARMADA AND ORS.versusBABULAL KAJJULAL BHARTIYA (DEAD) THR LRS MANMOHAN AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court allowed the civil application, condoned the seven‑day delay, quashed any abatement, and permitted amendment of the title clause to include the deceased appellant’s legal representatives.

Summary

The appellant, a protected tenant, died before filing a First Appeal concerning a disputed land. The legal representatives filed a civil application seeking condonation of a seven‑day delay in filing the application, to bring the deceased appellant’s representatives on record and to amend the title clause of the appeal. The court examined whether the short delay could be condoned and whether the title clause could be amended after the appellant’s death. Finding the reasons satisfactory, the court allowed the application, condoned the delay, quashed any abatement, and permitted the amendment of the title clause within four weeks. The application was subsequently disposed.

Issues considered

Whether a delay of seven days in filing a civil application for amendment of title clause can be condoned
Whether the title clause of an appeal may be amended to include legal representatives of a deceased appellant
Whether any abatement arising from the appellant’s death should stand

Subjects

condonation of delay
amendment of title clause
deceased appellant
civil application
abatement
legal representatives

Judgment

2026:BHC-AUG:42871



                                                        1
                                                                         931-ca-7671-2026

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                    CIVIL APPLICATION NO. 7671 OF 2026
                                              IN FA/2948/2018

                     Vinayak Sukhdeo Dhatbale Deceased Through Its Lrs Narmada
                                                And Ors.
                                                VERSUS
                     Babulal Kajjulal Bhartiya (dead) Thr Lrs Manmohan And Ors.
                                                    ...
                     Mr. A. S. Shelke, Advocate for Applicants
                     Mr. Dinesh Daud h/f Mr. M. D. Shinde, Advocate for
                     Respondents
                                                    ...
                                                 WITH
                      CIVIL APPLICATION NO. 12603 OF 2018 IN FA/2948/2018
                                                   …..
                                          CORAM : AJIT B. KADETHANKAR, J.
                                              DATED : 16TH SEPTEMBER, 2026

                     P.C. :-

                     CIVIL APPLICATION NO. 7671 OF 2026

                     .         In the First Appeal filed by the protected tenant over the

                     subject matter/land, the appellant Vinayak s/o Sukhdeo

                     Dhatbale is expired. By way of present Civil Application, a

                     composite prayer is made seeking condonation of delay of 07

                     days caused in filing the present Civil Application for bringing

                     legal representatives of deceased appellant on record as well

                     as a substantive prayer seeking permission to amend the title

                     clause of the appeal and applications therein.
                                    2
                                                     931-ca-7671-2026

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

deserves to be allowed. Hence, the following order:

                                ORDER

        a.       Civil Application stands allowed.
        b.       Delay of 07 days caused in filing the
        present Civil Application stands condoned.
        c.       Abatement if any, stands quashed and set
        aside.
        d.       The appellants are permitted to amend the
        title clause of the First Appeal and applications
        therein by incorporating their names as legal
        representatives of deceased Appellant Vinayak
        Dhatbale.
        e.       Amendment be carried out within a period
        of four weeks from today.
        f.       Civil Application stands disposed of.



                                        ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026

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