Bombay High Court

SHIVAPPA TAMANAPPA ANKOLKOTE DIED THROUGH LRS PUSHPLATA AND ORS.versusUNION OF INDIA THR DY CHIEF ENGINEER (CONSTRUCTION) DIVN CENTRAL RAILWAY PUNE-1 AND ANR.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the delay and allowed the application to bring the legal heirs on record.

Summary

The applicants, legal heirs of the deceased Shivappa Tamanappa Ankalkote, filed a civil application seeking to bring their names on record as the sole heirs. The deceased died on 1 November 2023, and the application was filed 657 days later, raising a question of whether the delay could be condoned. The court examined the certificate annexed to the petition confirming the applicants as the only legal heirs and considered the reasons provided for the delay. Finding the explanation satisfactory, the court exercised its discretion to condone the delay. Consequently, the application was allowed and the parties were directed to amend the records within three weeks, after which the civil application was disposed.

Issues considered

Whether the delay of 657 days in filing the application to record the legal heirs can be condoned

Subjects

legal heirs
condonation of delay
civil procedure
succession
amendment of records

Judgment

2026:BHC-AUG:44166


                                                 1              17-CA 9925-2026.odt



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                                CIVIL APPLICATION NO. 9925 OF 2026
                                                IN
                                CROSS OBJECTION NO. 18685 OF 2020
                                          IN FA/3153/2011
                 Shivappa Tamanappa Ankalkote (Dead)
                 Through his Legal Representatives
                 Pushplata Shivappa Ankalkote And Others                   .. Applicants

                       Versus

                 The Union of India And Another                            .. Respondents

                 Mr. Vijay B. Patil, Advocate for Applicants.
                 Mr. D. V. Soman, Advocate for Respondent No. 1.
                 Mr. P. K. Lakhotiya, AGP for Respondent No. 2.

                                         CORAM : KISHORE C. SANT AND
                                                 JITENDRA JAIN, JJ.
                                          DATE       :   24th SEPTEMBER, 2026.

                 PER COURT :-

                 1.    Heard learned advocate for the applicants.


                 2.    This application is filed for bringing on record legal heirs of

                 deceased claimant namely Shivappa Ankalkote. The applicants are

                 the only legal heirs of the deceased. There is a certificate annexed

                 showing that the present applicants are the only legal heirs of the

                 deceased. The deceased Shivappa died on 01.11.2023. While

                 filing this application there is delay of 657 days.
                                  2             17-CA 9925-2026.odt


3.       For the reasons stated in the application, delay stands

condoned. The application is allowed. Necessary amendment be

carried out within three weeks from today.


4.       With this, the civil application stands disposed of.



( JITENDRA JAIN, J.)                          ( KISHORE C. SANT, J. )



P.S.B.

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