Bombay High Court

THE STATE OF MAHARASHTRA THROUGH THE SPECIAL LAND ACQUISITION OFFICERversusLAXMAN VITHOBA DESAI

Disposal: Allowed
Bench: MEHROZ ASHRAF KHAN PATHAN

Holding

The Court held that the delay is condoned, the abatement of the appeal is set aside, and the legal heirs of the deceased respondent may be brought on record.

Summary

The State of Maharashtra filed an interim application seeking condonation of delay in bringing the legal heirs of the deceased respondent Subhash Laxman Desai onto the record and in setting aside the abatement of the appeal against him. The State argued that it learned of the respondent's death only recently, which caused the delay. The Court examined whether the delay could be condoned and whether the abatement could be reversed to allow the heirs to be joined. Finding the reasons satisfactory, the Court condoned the delay, set aside the abatement, and ordered that the proposed legal heirs be entered on the record within two weeks. The interim application was therefore allowed and disposed.

Issues considered

Whether the delay in filing the application for condonation of delay can be condoned.
Whether the abatement of the appeal against a deceased respondent can be set aside.
Whether legal heirs of a deceased respondent may be added to the appeal after the death.

Subjects

condonation of delay
abatement of appeal
legal heirs
interim application
civil appellate jurisdiction
land acquisition

Judgment

                                                            38-ia-1063-2026.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                    CIVIL APPELLATE JURISDICTION


                  INTERIM APPLICATION NO. 1063 OF 2026
                                   IN
                      FIRST APPEAL NO. 1299 OF 2014

The State Of Maharashtra Through The Special
Land Acquisition Officer                                   ...Applicant
      Versus
Laxman Vithoba Desai                                       ...Respondent


                            ——————
Mr. Anand Shalgaonkar, AGP for applicant-State.
Mr. Pankaj Deshmukh, Advocate for the respondent.
                            ——————

                                    Coram :      MEHROZ K. PATHAN, J.,

                                    Date     :   AUGUST 6, 2026.

P. C. :



1.        Interim Application No.1063 of 2026 is filed by the State of

Maharashtra, the appellant herein, seeking condonation of delay in

bringing the legal heirs of respondent No.2 – Subhash Laxman Desai,

who expired on 30.11.2015, on record and for setting aside the

abatement of the appeal against the said respondent.

2.        The reasons stated in the application are that the appellant–State

was informed about the death of respondent No.2 only recently and,


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                                                         38-ia-1063-2026.doc


therefore, the present application has been filed seeking condonation of

delay, setting aside the abatement and bringing the legal heirs of the

deceased respondent No.2 on record.

3.    Taking into consideration the reasons stated in the application, the

application deserves to be allowed. The delay in filing the application is

hereby condoned. The abatement of the appeal against respondent No.2

– Subhash Laxman Desai is set aside. The proposed legal heirs of

deceased respondent No.2 shall be brought on record.

4.    Necessary amendment shall be carried out within a period of two

weeks.

5.    The Interim Application is allowed in the aforesaid terms and

stands disposed of.



                                           [MEHROZ K. PATHAN, J.]




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