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Bombay High Court

SHESHARAO SANGAPPA TAWADE DIED THR LRS ADITYA.versusTHE EX. ENGINEER, LOWER TERNA CANAL DIVISION LATUR AND ORS.

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The civil application is allowed, the delay is condoned, and the appellant is directed to amend the title clause to include the applicant as legal representative.

Summary

The legal representative of the deceased claimant filed a civil application seeking condonation of a 1157‑day delay and direction to the appellant to amend the title clause to reflect the representative’s name. The delay was explained as due to lack of knowledge of court proceedings and was not intentional. The appellant’s counsel agreed to the relief sought. The Court examined whether the delay could be condoned and whether the amendment could be ordered, finding that the applicant’s rights were valuable and the delay was not deliberate. Consequently, the Court allowed the application, condoned the delay, and directed the appellant to incorporate the applicant’s name in the title clause within four weeks. The application was then disposed of.

Issues considered

  • Whether a delay of 1157 days in filing a civil application for amendment of title clause can be condoned.
  • Whether the appellant should be directed to amend the title clause to include the legal representative of the deceased claimant.

Subjects

  • civil procedure
  • condonation of delay
  • amendment of title clause
  • legal representative
  • succession

Judgment

2026:BHC-AUG:38947



                                                        1
                                                                         919-ca-9621-2026

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                    CIVIL APPLICATION NO. 9621 OF 2026
                                               IN FA/351/2020

                           Shesharao Sangappa Tawade Died Thr Lrs Aditya.
                                                VERSUS
                     The Ex. Engineer, Lower Terna Canal Division Latur And Ors.
                                                   ...
                     Mr. C. D. Biradar, Advocate for Applicant
                     Ms. V. S. Swami h/f Mr. M. C. Swami, Advocate for
                     Respondent no.3
                                                   …..
                                          CORAM : AJIT B. KADETHANKAR, J.
                                              DATED : 27TH AUGUST, 2026

                     P.C. :-

                     .         Present application is filed by the legal representative of

                     deceased claimant seeking directions to the appellant to

                     amend the title clause and to bring the applicant on record as

                     legal representative of deceased claimant. There is delay of

                     1157 days caused in filing the application. It is submitted that

                     for want of knowledge of the Court of proceedings, the

                     applicants could not approach through Advocate in this Court

                     and hence, the delay is caused. It is further submitted that the

                     delay is not intentional nor deliberate one. Valuable rights of

                     the claimant are involved in the matter.
                                    2
                                                      919-ca-9621-2026

2.       Heard Ms. V. S. Swami h/f Mr. M. C. Swami, learned

Advocate for the appellant/Acquiring Body. She fairly agrees

to pass appropriate order.

3.       Considering the grounds in the application, the

application deserves to be allowed. Hence, the following

order:

                                ORDER

        a.       Civil Application stands allowed.

        b.       Delay of 1157 days caused in filing the
        present Civil Application is hereby condoned.

        c.       The appellant is directed to incorporate the
        name of present applicant i.e. applicant no.1/1
        Aditya      Shesharao     Tawade      as     the   legal
        representative of deceased Shesharao Tawade in
        the title clause of appeal and the applications
        therein within a period of four weeks from today.

        d.       Civil Application stands disposed of.



                                        ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026


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