Bombay High Court

Maruti So Laxman Jagtap died through LRSversusThe Executive Engineer

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court held that the legal heirs may be brought on record and the delay in filing the application is condoned.

Summary

The applicant filed a civil application to have the legal heirs of the deceased respondent No.1, Maruti Laxman Jagtap, brought on record in an appeal where the respondent had died on 04‑04‑2025. The applicant submitted a death certificate and a legal heirship certificate. The court examined whether the heirs could be substituted as parties after the death and whether the 390‑day delay in filing the application could be condoned. Finding the documents satisfactory, the court condoned the delay and allowed the application, directing that the heirs be added to the appeal and that the appellant amend the appeal and related applications within two weeks. The matter was listed for further hearing on 03‑09‑2026.

Issues considered

Can legal heirs be brought on record as parties after the death of a respondent in an appeal?
Whether a delay of 390 days in filing an application to substitute parties can be condoned?

Subjects

legal heirs
substitution of parties
condonation of delay
death of party
civil procedure

Judgment

                                      1                       965...odt


       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

                CIVIL APPLICATION NO. 9087 OF 2026
                         IN FAST/26880/2024

       MARUTI SO LAXMAN JAGTAP DIED THROUGH LRS
                                 VERSUS
     THE EXECUTIVE ENGINEER SINA KOLEGAON PROJECT,
                   PARANDA DIST. OSMANABAD
                                    ...
     Advocate for Applicant : Mr. Undre Vikram Shivaji (through V.C.)
        Advocate for Respondent No. 1 : Mr. Madhav N. Kalyane
                         h/f. Mr. Gulab B. Rajale
         AGP for Respondent Nos. 2 & 3 : Ms. V.S. Chaudhary
                                    …

                           CORAM : MANJUSHA DESHPANDE, J.

                           DATE      : 20th AUGUST, 2026

PER COURT :

1.             This Application is filed by the Claimant who is Respondent

in Appeal filed by the acquiring body.

2.             It is submitted by the leaned Advocate for the Applicant who

appears through Video Conferencing, that the Claimant i.e. Respondent

no. 1 – Maruti Laxman Jagtap, in the Appeal has expired on 04.04.2025.

Therefore, his legal heirs are necessary to be brought on record. He is

represented by Applicant nos. 1/A to 1/C who are legal heirs of

deceased/Respondent and are necessary to brought on record, hence this

Application.
                                     2                        965...odt


3.           The Applicant has tendered the death certificate of

Respondent no. 1 as well as the legal heirship certificate which shows the

names of legal heirs.

4.           The delay of 390 days in filing the Application is condoned.

In view of the aforesaid, the Application is allowed. The legal heirs shall

be brought on record.

5.           The Application is allowed.

6.           The Appellant / acquiring body shall make necessary

amendment in the First Appeal as well as the accompanying Applications

within a period of two weeks.

7.           List the matter on 03.09.2026.




                                     ( MANJUSHA DESHPANDE, J. )




SPC

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