Bombay High Court
GOVARDHAN NARHARI LOMATE DIED THR LRS DEELIP GOVARDHAN LOMATE AND ORSversusTHE EXECUTIVE ENGINEER M.I.D. OSMANABAD AND ANR
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court condoned the delay and permitted the addition of the deceased claimant's legal representatives to the appeal title.
Summary
The deceased claimant, Govardhan Narhari Lomome, had filed a civil suit whose appeal was pending when he died on 18 March 2016. His legal representatives, unaware of the appeal proceedings, filed a civil application seeking to be added as parties to the first appeal and to condone a delay of 2,765 days in filing the application. The acquiring body did not object to the amendment. The court examined whether the delay could be condoned and whether the representatives could be substituted as parties. It held that the delay was condoned and the representatives were allowed to be added to the appeal title. The appellant was directed to amend the title clauses within four weeks.
Issues considered
- Whether a delay of 2,765 days in filing a civil application for substitution of parties can be condoned.
- Whether the legal representatives of a deceased claimant can be added to the title of an appeal pending before the court.
Subjects
- condonation of delay
- legal representative
- substitution of parties
- civil appeal
- succession
Judgment
2026:BHC-AUG:39724
16-ca8932.2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 8932 OF 2026
IN FAST/26243/2020
Govardhan Narhari Lomate (died)
Through L.Rs. Deelip Govardhan Lomate And Ors
VERSUS
The Executive Engineer, M.I.D.C., Osmanabad And Anr
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Mr.R.D.Bhise, Advocate for applicant
Mr.S.P.Nimbalkar, Advocate h/f. Mr.R.A.Tambe, Advocate for respondent no.1
Mr.S.P.Sonpavale, AGP for respondent no.2
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CORAM : AJIT B. KADETHANKAR, J.
DATE : AUGUST 29, 2026
ORDER :-
Feeling aggrieved by the judgment and award dated
30.07.2013 passed by learned Joint Civil Judge, Senior Division,
Osmanabad in LAR No.96 of 2023, the acquiring body has filed the First
Appeal.
2. Vide present application it is sought to be submitted that
during pendency of the First Appeal, original claimant namely
Govardhan s/o. Narhari Lomate has expired on 18.03.2016. The
applicants are legal representatives of deceased claimant in whom the
right and interest of the deceased claimant is devolved. The applicants
submit that they were unaware about the appeal proceedings and also
were not equipped with any document pertaining this legal
2 16-ca8932.2026
proceedings. No sooner did they learn about pendency of the
appeal, they rushed to their advocate and filed this application.
3. It is fairly stated that there is delay of 2765 days in filing
the Civil Application. It is prayed that the delay be condoned, the
Civil Application be allowed and the appellant be directed to add the
name of the applicant nos.1A to 1C as legal representative of
deceased – Govardhan Lomate in the title clause in appeal and the
applications therein.
4. Learned advocate for acquiring body fairly offer no
objection to allow the application.
5. For the reasons stated in the application, the application
stands allowed. Delay caused in filing the application stands
condoned. Applicant nos.1A to 1C be taken on record in the First
Appeal as also applications therein the capacity of legal
representatives of deceased Govardhan Narhari Lomate. The
appellant to carry out necessary amendments in the respective title
clauses within four weeks from today.
[AJIT B. KADETHANKAR, J.]
………..
KBP
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