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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