Bombay High Court

DATTA LIMBAJI WAGHMARE DIED THR LRS SARUBAI AND ORSversusTHE STATE OF MAHARASHTRA AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court permitted deletion of the deceased party’s name and condoned the delay in filing the first appeal.

Summary

The applicants filed an application seeking permission to delete the name of Applicant No.1, who was reported dead, from the list of parties, and also sought condonation of delay in filing their first appeal. The court noted that the legal heirs of the deceased were already on record and granted permission to delete the deceased's name. It further considered the reasons for the delay and, finding them satisfactory, condoned the delay in filing the appeal. Consequently, the application was allowed and the first appeal was scheduled for 21 September 2026.

Issues considered

Whether the name of a deceased party can be deleted from the array of parties.
Whether delay in filing a first appeal can be condoned.

Subjects

deletion of party
condonation of delay
first appeal
civil procedure
High Court

Judgment

                                             1 of 1                 925-CA.9083.2018.odt


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                         925 CIVIL APPLICATION NO. 9083 OF 2018
                                    IN FAST/31672/2016

             DATTA LIMBAJI WAGHMARE DIED THR LRS SARUBAI AND ORS
                                          VERSUS
                        THE STATE OF MAHARASHTRA AND ORS
                                             ...
          Mr. A. R. Nikam h/f. Mr. Amit T. Ghute, Advocate for Applicants.
          Mr. S. S. Dande, AGP for Respondent-State.
          Mr. Vinayak D. Patnurkar, Advocate for Respondent No.3.
                                             ...
                                   CORAM : SIDDHESHWAR S. THOMBRE, J.

                                     DATE     :       11th SEPTEMBER, 2026

          P.C.:-

          1.         Mr. A. R. Nikam h/f. Mr. Amit T. Ghute, learned Advocate for

          the Applicants/Appellants seeks permission to delete the name of

          Applicant/Appellant No.1 from the array of the parties and contended

          that Applicant/Appellant No.1 is reported to be dead and her legal

          heirs are already on record. In view of that, permission is granted.

          2.         By this application, the Applicants are seeking condonation

          of delay in filing first appeal.


          3.         Considering the averments made in the application, delay is

          condoned. The application is allowed.


          4.         Place the first appeal on 21.09.2026.



                                               (SIDDHESHWAR S. THOMBRE, J.)

Tauseef

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