Mohan Motiram Zade Vs the State of Maharashtra, Represented by Collector and Others — Bombay HC (2025) — LawSathi Research

Mohan Motiram Zade Vs the State of Maharashtra, Represented by Collector and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 485 days in filing the application to bring the legal heirs of the deceased appellant on record and to set aside the abatement of First Appeal No. 1205/2018 is condoned; legal heirs to be brought on record within two weeks from uploading of the order on the official website of the Court; Civil Applications (CAF) Nos. 1431/2025 and 1432/2025 allowed and the civil application disposed of; time granted to respondent No. 3 to file reply to CAF No. 410/2022.

Issue for consideration

Whether the 485 days' delay in filing the application to bring on record the legal heirs of the deceased appellant and to set aside the abatement of First Appeal No. 1205/2018 should be condoned.

Court's answer

The application seeking condonation of delay is allowed and the delay of 485 days in filing the application to bring the legal representatives of the deceased appellant on record and setting aside the abatement is condoned.

Ratio / Principle

Civil Application (CAF) No. 1432/2025 is also allowed, considering the submissions made by Mr. Gadge.

Key takeaways

The legal heirs of the deceased appellant are directed to be brought on record within two weeks from uploading of the order on the official website of the Court.ratio¶27
The civil application is disposed of.ratio¶28
Time is granted to respondent No. 3 to file reply to Civil Application (CAF) No. 410/2022 in First Appeal No. 1205/2018.ratio¶31

Detailed headnote1 paragraphs

Condonation of delay — 485 days' delay in filing application to bring on record the legal heirs of the deceased appellant and to set aside abatement of First Appeal No. 1205/2018 — original appellant expired on 31.08.2023 leaving the applicants as his legal heirs — applicants unaware of pendency of appeal and gained no advantage from the delay — learned counsel for respondents raised no serious objection — delay condoned; Civil Applications (CAF) Nos. 1431/2025 and 1432/2025 allowed and disposed of; legal heirs directed to be brought on record within two weeks from uploading of order on the Court's official website; time granted to respondent No. 3 to file reply to CAF No. 410/2022 (High Court of Judicature at Bombay, Nagpur Bench; Shyam C. Chandak, J.; order dated 23.06.2025).

1 / 3 2.caf1431.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

CIVIL APPLICATION (CAF) NO. 1431 OF 2025 AND CIVIL APPLICATION (CAF) NO. 1432 OF 2025 AND CIVIL APPLICATION (CAF) NO. 410 OF 2022 IN

FIRST APPEAL NO. 1205 OF 2018

Mohan Motiram Zade (Dead) Vs.

State of Maharashtra, Thru. Collector, Yavatmal and Ors.

Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's Orders.

Mr. Gaurav Gadge, Advocate h/f Mr. P.S. Kshirsagar, Advocate for applicant.

Mrs. Mrunal Naik, AGP for non-applicant Nos.1 & 2/State.

Mr. J.B. Kasat, Advocate for non-applicant No.3.

CORAM : SHYAM C. CHANDAK, J.

DATE : 23.06.2025.

Heard.

Present application seeking condonation of 485 days delay in filing the application to bring on record the legal heirs of the deceased appellant and setting aside the abatement of the aforesaid First Appeal No.1205/2018.

Prity

2 / 3 2.caf1431.2025

The original appellant has expired on 31.08.2023, leaving behind the applicants as his legal heirs. Mr. Gadge, the learned Advocate for the applicants submits that, the applicants were not aware about the pendency of the said appeal. But, when they came to know about the appeal, they approached their Advocate and filed the present application. The appeal was admitted. The applicants have not taken any advantage on account of the delay. The impleadment of the applicants is necessary for just decision in the appeal. Mr. Gadge submit that the applicants have good case on merit.

The learned counsel for the respondents have no serious objection to condone the delay.

In view thereof, the application is allowed.

The delay of 485 days in filing the application to bring the legal representatives of the deceased appellant and setting aside the abatement, is condoned.

Civil Application (CAF) No.1432/2025

Heard.

Prity

3 / 3 2.caf1431.2025

The Civil Application (CAF) No.1431/2025 seeking condonation of 485 days delay in filing the application to bring on record the legal heirs of the deceased and setting aside the abatement of the appeal, is allowed. Hence and considering the submissions made by Mr. Gadge, the present application is allowed.

The legal heirs of the deceased appellant to be brought on record within two weeks from uploading this order on the official website of this Court.

4. The civil application is disposed of.

First Appeal No.1205/2018

Mr. Kasat, learned counsel for respondent No.3 seeks time to file reply to the aforesaid Civil Application (CAF) No.410/2022.

Time is granted.

(SHYAM C. CHANDAK, J.)

Prity