Bombay High Court

SUDHAKAR YESHWANT MANE DIED THROUGH LEGAL REPR. HIRKANABAI AND ORS.versusTHE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, OSMANABAD AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the delay and ordered the appellant to amend the title clause to include the legal representatives of the deceased claimant.

Summary

The applicants, acting as legal representatives of the deceased claimant Sudhakar Yashwant Mane, filed a civil application seeking permission to amend the title clause of an ongoing appeal to include their names. They argued that they were unaware of the court proceedings during the pendency of the first appeal and therefore could not file the amendment earlier. The respondents consented to the condonation of delay and the addition of the legal representatives. The court examined whether the delay could be condoned and whether the legal representatives could be added to the appeal. Finding the respondents' consent and the lack of prejudice, the court allowed the application, condoned the delay, and directed the appellant to amend the title clause within four weeks. The matter was adjourned for further hearing.

Issues considered

Whether the delay in filing the application for amendment of the appeal title clause can be condoned
Whether legal representatives of a deceased claimant may be added to the appeal title clause

Subjects

condonation of delay
legal representatives
appeal amendment
civil procedure
title clause
succession

Judgment

2026:BHC-AUG:36897



                                              (1)                     945 CA 8821 OF 2026


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                           945 CIVIL APPLICATION NO. 8821 OF 2026
                                       IN FA/1182/2022

           SUDHAKAR YESHWANT MANE DIED THROUGH LEGAL REPR. HIRKANABAI
                                              AND ORS.
                                               VERSUS
           THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, OSMANABAD
                                              AND ORS.
                                                   ...
           Ms. Bhagyashree S. Kamble i/b. Mr. G. K. Sontakke, Advocate for Applicants
           Mr. S. N. Kendre, AGP for Respondent Nos.1 and 2 – State
           Mr. A. R. Lukhe i/b. Mr. A. S. Shelke, Advocate for Respondent No.3

                                            WITH
                             CIVIL APPLICATION NO. 1034 OF 2022
                                       IN FA/1182/2022

             M.K.V.D.C., THR EX. ENGINEER, IRRIGATION PROJECT STRENGTHENING
                                        DIV. OMERGA
                                           VERSUS
                             SUDHAKAR YESHWANT MANE AND ORS

                                            WITH
                                FIRST APPEAL NO. 1182 OF 2022

             M.K.V.D.C., THR EX. ENGINEER, IRRIGATION PROJECT STRENGTHENING
                                        DIV. OMERGA
                                           VERSUS
                             SUDHAKAR YESHWANT MANE AND ORS
                                              …

                                          CORAM     : AJIT B. KADETHANKAR, J.
                                          DATE      : 14.08.2026
                                      (2)                        945 CA 8821 OF 2026



PER COURT :-

CIVIL APPLICATION NO. 8821 OF 2026 IN FA/1182/2022

.            Ms. Bhagyashree S. Kamble instructed by Mr. G. K. Sontakke,

learned Advocate for the applicants submits that during the pendency of the

First Appeal, the sole claimant is died. She submits that the legal

representatives of the deceased claimant i.e. the present applicants were

unaware of the present Court proceedings and hence, could not approach

their learned Advocate well within time. She would further submit that the

right to continue in the appeal survives in favour of the present applicants in

their capacity as legal representatives of the deceased claimant against whom

the First Appeal is filed.


2.           Ms. Kamble further would submit that there is indeed a bit more

delay in filing this application. However, due to want of knowledge of the

Court proceedings, the application could not be filed earlier. No sooner did the

applicants learn about the proceedings, they approached their learned

Advocate and the application was filed. Thus, prayer is made to allow the

application and to issue directions to the appellant to amend the title clause in

the appeal and application by incorporating the names of the present legal

representatives of the deceased claimant.
                                      (3)                        945 CA 8821 OF 2026


3.          Mr. A. R. Lukhe instructed by Mr. A. S. Shelke, learned Advocate

fairly offers his consent for condonation of delay and for bringing legal

representatives on record by adding the present applicants as legal

representatives of the deceased claimant.


4.          In view of this, for the reasons stated in the application, the Civil

Application stands allowed. Delay caused in filing the application stands

condoned. The appellant is directed to incorporate the names of the present

applicants as legal representatives of the deceased claimant namely Sudhakar

Yashwant Mane in the title clause of the appeal and applications therein, if

any. The amendment be carried out within a period of four weeks from today.


5.          Stand over to 11.09.2026.




                                                   [AJIT B. KADETHANKAR, J.]
PRW

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