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Bombay High Court

Damu Bhau Totare died thr lrs Pandurang and othersversusThe Union of India, Through the General Manager, Central Railway,

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The Court allowed the applications and directed amendment of the appeal memorandum to include the legal heirs.

Summary

The legal heirs of deceased claimants filed civil applications seeking to be brought on record because the earlier appeal orders were in the names of the original claimants who had died, preventing the heirs from withdrawing deposited amounts. The Court observed that the appellant had failed to correct the parties in the appeal record. It held that the applications for adding the legal heirs should be allowed. The Court directed the parties to amend the appeal memorandum within two weeks to reflect the correct parties. Accordingly, the civil applications were disposed of.

Issues considered

  • Whether legal heirs of deceased claimants can be added to the appeal record after the original order.
  • Whether the Court may permit amendment of the appeal memorandum to reflect the legal heirs.
  • Whether the applications seeking such amendment should be allowed or dismissed.

Subjects

  • legal heirs
  • amendment of pleadings
  • civil procedure
  • appeal
  • death of parties
  • procedural law

Judgment

2026:BHC-AUG:39967


                                           1                     939,940&942.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                         939 CIVIL APPLICATION NO. 9522 OF 2026
                                      IN FA/668/2026
                  DAMU BHAU TOTARE DIED THR LRS PANDURANG AND
                                      OTHERS
                                       VERSUS
                THE UNION OF INDIA, THROUGH THE GENERAL MANAGER,
                                 CENTRAL RAILWAY,
                                         ...

                                          AND
                         940 CIVIL APPLICATION NO. 9524 OF 2026
                                      IN FA/819/2026
                              DATTU SARJERAO TARATE,
                                       VERSUS
                THE UNION OF INDIA, THROUGH THE GENERAL MANAGER,
                                 CENTRAL RAILWAY,
                                         ...

                                          AND
                         942 CIVIL APPLICATION NO. 9532 OF 2026
                                      IN FA/822/2026
                SAHEBA RANGNATH TARATE DIED THR LRS ASHRUBA AND
                                              ORS
                                             VERSUS
                THE UNION OF INDIA, THROUGH THE GENERAL MANAGER,
                                     CENTRAL RAILWAY,
                                                ...
                   Advocate for Applicants : Mr. Shinde Chandrakant Kondiram
                        AGP for Respondent No. 3 : Ms. Preeti Diggikar
                                               …

                                    CORAM : MANJUSHA DESHPANDE, J.
                                    DATE : 28th AUGUST, 2026
                                    2                         939,940&942.odt


PER COURT :

1.            These Applications are filed by the legal heirs of the original

Claimants in the First Appeals filed by the acquiring body i.e. Union of

India, which has been dismissed by this Court vide order dated

18.04.2026.

2.            It is submitted that in all these Appeals since the necessary

correction for bringing LRs on record has not been carried out by the

Appellant while dismissing the Appeal the order stands in the name of

original Claimants who have already expired. As a result of which, legal

heirs of the Claimants are facing the difficulty in withdrawing the amount

deposited by the acquiring body in this Court.

3.            In view of the difficulty faced by the legal heirs, they have

filed the Applications for bringing the legal heirs of Claimants on record.

4.            In view of the difficulty faced by the legal heirs of the

Claimants, the Applications for bringing legal heirs is allowed.

5.            Necessary amendment shall be carried out in the memo of

Appeal by the parties within a period of two weeks.

6.            Civil Applications stand disposed of.




                                    ( MANJUSHA DESHPANDE, J. )
SPC


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