Bombay High Court

REGIONAL MANAGER, M.I.D.C., JALGAON.versusHARI CHINDHU BARHATE (DEAD) THR LRS JANARDAN AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court held that the delay was condonable and the amendment to the first appeal’s title clause was permissible.

Summary

The Regional Manager of M.I.D.C., Jalgaon filed a civil application seeking to bring the legal representatives of a deceased respondent (No.6) on record in a pending first appeal. The application was filed after a delay of 1,080 days. The court examined whether such a lengthy delay could be condoned and whether the title clause of the first appeal could be amended to include the deceased respondent’s representatives. Relying on the reasons set out in the application, the court found them sufficient to justify condonation of the delay. Consequently, the court allowed the civil application, condoned the delay, and permitted the applicant to amend the title clause of the first appeal within four weeks.

Issues considered

Whether a delay of 1,080 days in filing an application to bring legal representatives of a deceased respondent on record can be condoned.
Whether the title clause of a first appeal may be amended to include the legal representatives of a deceased respondent.

Subjects

civil procedure
condonation of delay
amendment of appeal
legal representatives of deceased
first appeal

Judgment

                                 1
                                                   933-ca-8976-2026

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

              CIVIL APPLICATION NO. 8976 OF 2026
                         IN FA/226/2021

             Regional Manager, M.i.d.c., Jalgaon.
                            VERSUS
  Hari Chindhu Barhate (dead) Thr Lrs Janardan And Ors.
                               ...
Mr. G. S. Khaire h/f Mr. S. S. Dande, Advocate for Applicant
Mr. K. B. Jadhavar, AGP for Respondents-State
Adv. A. N. Gore h/f Mr. A. R. Ghule, Advocate for Respondent
                               ...
                             WITH
  CIVIL APPLICATION NO. 7791 OF 2019 IN FA/226/2021
                               …..
                     CORAM : AJIT B. KADETHANKAR, J.
                       DATED : 21ST AUGUST, 2026

P.C. :-

.         This Civil Application is filed for bringing legal

representatives of deceased respondent no.6 on record. There

is delay of 1080 days caused in filing the present application.

2.        For the reasons stated in the application, Civil

Application deserves to be allowed. Hence, the following

Order:

                              ORDER

      a.       Civil Application stands allowed.
      b.       Delay of 1080 days caused in filing the
      present Civil Application stands condoned.
                                  2
                                                   933-ca-8976-2026

        c.       The applicant is permitted to amend the
        title clause of First Appeal as also the applications
        therein by bringing legal representatives of
        deceased respondent no.6 on record.
        d.       Amendment be carried out within a period
        of four weeks from today.



                                      ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026

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