Bombay High Court

MADHAVRAO WAMANRAO KSHIRSAGAR DIED THROUGH HIS LEGAL REPR. PARVATIBAI AND ORS.versusTHE STATE OF MAHARASHTRA, THROUGH DIST COLLECTOR, NANDED AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the delay and permitted amendment of the title clause to include the deceased applicant’s legal representatives.

Summary

During the pendency of a first appeal, the primary applicant died. The surviving parties (applicant Nos.1‑A to 1‑D) filed a civil application seeking permission to amend the title clause of the appeal to include themselves as legal representatives of the deceased. The court noted a 60‑day delay in filing the application but accepted the explanation that the delay was not due to negligence. It condoned the delay, set aside any abatement, and ordered that the title clause be amended within two weeks. The application was allowed and subsequently disposed.

Issues considered

Whether the court may condone a 60‑day delay in filing a civil application for amendment of the title clause.
Whether the title clause of an appeal can be amended to insert the legal representatives of a deceased party.
Whether any abatement arising from the delay should be set aside.

Subjects

condonation of delay
amendment of pleadings
title clause amendment
legal representatives of deceased
civil application
land acquisition

Judgment

                                 1
                                                921 CA 7841 OF 2026

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

            921 CIVIL APPLICATION NO. 7841 OF 2026
                        IN FA/3504/2018

 MADHAVRAO WAMANRAO KSHIRSAGAR DIED THROUGH
           HIS LEGAL REPR. PARVATIBAI AND ORS.
                           VERSUS
      THE STATE OF MAHARASHTRA, THROUGH DIST
               COLLECTOR, NANDED AND ORS.
                               ...
Mr. G. N. Chincholkar, Advocate for Applicants
Mr. S. P. Sonpawale, AGP for Respondent Nos.1 and 2 – State
Mr. S. C. Arora, Advocate for Respondent No.3

                             WITH
              CIVIL APPLICATION NO. 5067 OF 2024
                        IN FA/2284/2018
                             WITH
                FIRST APPEAL NO. 2284 OF 2018
                             WITH
              CIVIL APPLICATION NO. 5029 OF 2024
                        IN FA/3504/2018
                               …

                        CORAM : AJIT B. KADETHANKAR, J.
                        DATED : 8th September 2026

P.C. :-

CIVIL APPLICATION NO. 7841 OF 2026

.         During the pendency of the first appeal, it is reported

that applicant No.1 has died. The present Civil Application is

filed by applicant Nos.1-A to 1-D seeking permission to amend

the title clause of the appeal and applications therein, if any,
                                2
                                              921 CA 7841 OF 2026

by incorporating their names as legal representatives of

deceased applicant No.1.

2.    There is delay of 60 caused in filing this application. It

is submitted that the applicants were unaware of the

proceedings and therefore, could not approach their learned

Advocate within time. It is submitted that the delay is neither

due to lethargy or negligence nor deliberate. It is further

submitted that valuable rights of the applicants are involved in

the First Appeal.

3.    Mr. S. C. Arora, learned Advocate for the acquiring body

fairly submits that appropriate order be passed.

4.    Hence I pass following order :

                           ORDER

      I.     Civil Application is allowed.

      II.    Delay caused in filing the application

      stands condoned. Abatement, if any, is set aside.

      III.    The applicants are permitted to amend

      the title clause of the appeal and applications

      therein, if any, by incorporating the names of

      applicant Nos.1-A to 1-D as legal representatives

      of deceased applicant No.1.
                               3
                                              921 CA 7841 OF 2026

      IV.   Amendment be carried out within two

      weeks from today.

      V.    Civil Application stands disposed of.

FIRST APPEALS

5.    Mr. G. N. Chincholkar, learned Advocate for the

applicants submits that in the judgment and order passed by

the Reference Court in the subject matter Land Acquisition

Reference, enhancement in compensation is granted in respect

of identically situated matters. He places reliance on the said

judgment and award passed by the Reference Court. Today, a

copy of the said judgment and award is served by

Mr. Chincholkar, learned Advocate for the applicants to

Mr. Arora, learned Advocate for the acquiring body. Mr. Arora

seeks time to take instructions from his office as to whether

both the matters can be treated at par.

6.    Stand over to 22.09.2026 for further consideration.



                                   ( AJIT B. KADETHANKAR, J. )

PRW

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