Bombay High Court

BHAUSAHEB RAMCHANDRA BHOGADE DIED THROUGH LRS SUNANDA AND ORS.versusTHE UNION OF INDIA, THR THE GENERAL MANAGER, C.R. MUMBAI AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court allowed the civil application, condoned the delay, and ordered amendment of the first appeal memo to reflect the legal heirs.

Summary

The legal heirs of the deceased claimant, Bhausaheb Ramchandra Bhogade, filed a civil application seeking to withdraw compensation that had been deposited with the court after the claimant's death during the pendency of a first appeal. The court noted that the heirs, identified by a death certificate and an heirship certificate, were the only surviving legal heirs and thus entitled to the compensation. The applicants also faced difficulty in withdrawing the amount because the heirs had not been recorded earlier. The court condoned the 37‑day delay in filing the application, allowed the application, and directed that the necessary amendment be made to the memo of the first appeal. The civil application was thereafter disposed of.

Issues considered

Whether the legal heirs of a deceased claimant are entitled to receive compensation payable to the deceased.
Whether a delay of 37 days in filing a civil application can be condoned.
Whether the memo of the first appeal must be amended to reflect the legal heirs.

Subjects

legal heirs
succession
compensation
civil procedure
condonation of delay
amendment of appeal

Judgment

2026:BHC-AUG:38714




                                             1                           915 ca 9607.26

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                            CIVIL APPLICATION NO. 9607 OF 2026
                                           IN
                               FIRST APPEAL NO. 268 OF 2026

                       Bhausaheb Ramchandra Bhogade
                       Since deceased through his L.Rs.
                       Sunanda Ramesh Parbhane and others ..           Applicants

                             Versus

                       The Union of India, through the
                       General Manager, C.R. Mumbai
                       and others                                 ..   Respondents

                 Ms. G. R. Jagtap, Advocate h/f Shri C. K. Shinde, Advocate for
                 the Applicants.
                 Shri Rohit S. Sarvadnya, Senior Panel Counsel for the
                 Respondent Nos. 1 and 2.

                                   CORAM : MANJUSHA A. DESHPANDE, J.
                                    DATE : 27TH AUGUST, 2026.

                 ORDER :


                 .     This application has been filed by the legal heirs of original
                 claimant Bhausaheb Ramchandra Bhogade who was respondent
                 in the first appeal filed by the Union of India. The first appeal
                 challenging the order dated 09.09.2019 passed by the Civil Judge
                 Senior Division Beed in reference proceedings has been
                 dismissed by this Court vide judgment and order dated
                 18.04.2026 and the claimant was permitted to withdraw the
                 amount of compensation deposited in this Court.
                            2                          915 ca 9607.26

2.    It is submitted that during the pendency of appeal
claimant Bhausaheb Ramchandra Bhogade died on 26.03.2026.
It is further submitted that the deceased claimant is survived by
the applicants in the present application, whose names are
stated in the title cause and there are no other surviving legal
heirs. Therefore, they are entitled to receive the compensation
payable to deceased Bhausaheb Ramchandra Bhogade.


3.    Since legal heirs remained to be brought on record during
the pendency of appeal, the applicants are facing difficulty in
withdrawing the amount deposited before this Court.               The
applicants have placed on record death certificate of the original
claimant - Bhausaheb Ramchandra Bhogade, which shows that
his death had occurred on 26.03.2026. In fact heirship certificate
issued by Sarpanch of Gram Panchayat, Sakat, Tq Ashti
discloses names of present applicants to be legal heirs of late
Bhausaheb Ramchandra Bhogade.


4.    In view of the aforementioned circumstances the civil
application is allowed by condoning the delay of 37 days caused
in filing the applicaton. The civil application is allowed in terms
of prayer clauses “B” and “D”. The applicants as well as the
acquiring body shall carry out the necessary amendment in the
memo of the first appeal. The civil application is disposed of.



                                [ MANJUSHA A. DESHPANDE J. ]

bsb/Aug. 26

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