Bombay High Court

VITHOBA SADHU KAMBLE (DIED) THR LRS DATTU AND ORS.versusTHE STATE OF MAHARASHTRA THR COLLECTOR, OSMANABAD AND ANR.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court allowed the application, condoned the delay, set aside any abatement, and permitted amendment of the title clause to include the legal representatives of the deceased claimant.

Summary

The claimants filed a First Appeal seeking enhancement of compensation against the State of Maharashtra. During the pendency of that appeal, claimant No.2, Nilkhant Vithoba Kamble, died, and his legal representatives (applicants Nos.2A to 2E) filed a civil application to amend the title clause of the First Appeal to include their names. The application was filed 1,610 days after the death, and the applicants explained the delay as due to lack of knowledge of the appeal's pendency. The High Court examined whether such a delayed amendment could be permitted and whether any abatement should stand. It condoned the delay, set aside any abatement, and ordered that the title clause be amended within two weeks, thereby allowing the application.

Issues considered

Whether a civil application filed after a long delay can be entertained to amend the title clause of an appeal due to the death of a claimant.
Whether the delay of 1,610 days can be condoned under the Civil Procedure Code.
Whether any abatement arising from the delay should be set aside.

Subjects

amendment of pleadings
title clause
legal representative
delay condonation
civil procedure
compensation claim
abatement

Judgment

2026:BHC-AUG:41838



                                                    1
                                                                  934 CA 7878 OF 2026

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                 934 CIVIL APPLICATION NO. 7878 OF 2026
                                             IN FA/3665/2023

                      VITHOBA SADHU KAMBLE (DIED) THR LRS DATTU AND
                                                  ORS.
                                                VERSUS
                          THE STATE OF MAHARASHTRA THR COLLECTOR,
                                        OSMANABAD AND ANR.
                                                    ...
                     Mr. V. V. Ingale, Advocate for Applicants
                     Mr. A. V. Lavte, AGP for Respondent-State
                                                    …

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

                     P.C. :-

                     .         The First Appeal is filed by the claimants seeking

                     enhancement in the compensation. It is informed that during

                     the pendency of the First Appeal, claimant No.2–Nilkhant

                     Vithoba Kamble died. The applicant Nos.2A to 2E are the legal

                     representatives of the deceased claimant–Nilkhant Vithoba

                     Kamble. The present Civil Application is filed seeking

                     permission to amend the title clause of the First Appeal and

                     the applications therein, if any, by incorporating the names of

                     the applicant Nos.2A to 2E as the legal representatives of the

                     deceased claimant.
                                 2
                                                934 CA 7878 OF 2026

2.       There is a delay of 1610 days in filing the present Civil

Application. The reasons for the delay are explained in the

application. It is stated that for want of knowledge about the

pendency of the First Appeal, the present application could

not be filed earlier.

3.       For the reasons stated in the application, the Civil

Application is allowed. The delay caused in filing the

application stands condoned. The abatement, if any, is set

aside.

4.       The applicants are permitted to amend the title clause

of the First Appeal and the applications therein, if any, by

incorporating their names as the legal representatives of

deceased claimant–Nilkhant Vithoba Kamble.

5.       Amendment be carried out within a period of two weeks

from today.



                                     ( AJIT B. KADETHANKAR, J. )

PRW

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