Bombay High Court

VISHWANATHAPPA NAGSHETTIAPPA KAPSE DIED THR HIS LRS VIJAYKUMAR AND OTHERS.versusTHE STATE OF MAHARASHTRA, THROUGH COLLECTOR, LATUR AND ANR.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the 49‑day delay and allowed the applications, directing amendment of the cause title.

Summary

The appellant, Gmidc Jalna Road Aurangabad through the Executive Engineer of the Minor Irrigation Division, Latur, filed several civil applications seeking to record the legal heirs of the original claimant, Kashinath Vishwanathappa Kapse, who died on 11 June 2026. The applications were filed 49 days after the death, raising a question of whether the delay could be condoned. The Court examined the reasons provided in the applications and found them satisfactory to justify condonation of the delay. Consequently, the Court ordered that the cause title in the first appeals and related applications be amended within three weeks. All the civil applications were thereafter disposed of.

Issues considered

Whether a delay of 49 days in filing civil applications for amendment of cause title can be condoned
Whether the cause title in the first appeals should be amended to reflect the legal heirs

Subjects

civil procedure
condonation of delay
amendment of cause title
first appeal
irrigation department

Judgment

                               (1)               3-FA-2230-2012




         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD

                 3 FIRST APPEAL NO. 2230 OF 2012

   Gmidc Jalna Road Aurangabad Through Executive Engineer Minor
                            Irrigation Divn Latur
                                   VERSUS
                     The State Of Maharashtra And Ors
                                    WITH
                   CIVIL APPLICATION NO. 9614 OF 2026
                              IN FA/2230/2012
                                    WITH
                       X-OBJECTION NO. 60 OF 2024
                              IN FA/2230/2012
                                    WITH
                   CIVIL APPLICATION NO. 9615 OF 2026
                              IN FA/2231/2012
                                    WITH
                   CIVIL APPLICATION NO. 9616 OF 2026
                             IN X-OBJ/171/2026
                                    WITH
                   CIVIL APPLICATION NO. 9613 OF 2026
                              IN FA/2230/2012
                                    WITH
                      FIRST APPEAL NO. 2231 OF 2012
                                      ...
Mr. Tatyasaheb Bhosle, Advocate for Appellant.
Mr. P. S. Patil, AGP for Respondent-State.
Mr. Ravibhushan P. Adgaonkar, Advocate for Respondent.

                             CORAM : KISHORE C. SANT &
                                       JITENDRA JAIN, JJ.

                             DATE    : 03rd SEPTEMBER 2026.
                                           (2)                    3-FA-2230-2012




PC :-
CA/9613/2026, CA/9614/2026
CA/9615/2026, CA/9616/2026

1.           Heard the parties.

2.           These civil applications are filed for bringing on record the legal

heirs of original claimant namely, Kashinath Vishwanathappa Kapse,

who died on 11/06/2026. There is delay of 49 days in filing the present

application.

3.           For the reasons stated in the applications, applications are allowed.

Delay stands condoned. Necessary amendment be carried out in the

cause title in the first appeals and applications within a period of three

weeks from today.

4.           With these, civil applications stand disposed off.



     [JITENDRA JAIN, J.]                           [KISHORE C. SANT, J.]
D.A.ETHAPE

Continue reading with your account

Checking your session…