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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