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Bombay High Court

Dattu Sarjerao Tarate,versusThe Union of India, Through the General Manager, Central Railway,

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The applications seeking to bring the legal heirs of the deceased claimants on record are allowed.

Summary

The legal heirs of deceased claimants filed civil applications to be added as parties because earlier appeals were dismissed in the names of the original claimants, who had died, thereby preventing the heirs from withdrawing amounts deposited by the acquiring body. The court observed that the appellant had not effected the necessary correction to bring the legal heirs on record, causing procedural difficulty. It held that the applications seeking to bring the legal heirs on record should be allowed. The court directed the parties to amend the appeal memos within two weeks to reflect the heirs. Accordingly, the civil applications were disposed of.

Issues considered

  • Whether the court can permit amendment of the parties to substitute the legal heirs of deceased claimants on the record
  • Whether the failure to correct the parties deprives the heirs of the right to withdraw the deposited amount

Subjects

  • legal heirs
  • amendment of parties
  • civil procedure
  • deceased parties
  • court order correction

Judgment

2026:BHC-AUG:39968


                                           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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