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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