Jangluji Wanjari, Since Deceased through Lrs, Sau. Chaya Wamanrao Bawankar and Others Vs State of Maharashtra through the Collector, Nagpur — Bombay HC (2025) — LawSathi Research

Jangluji Wanjari, Since Deceased through Lrs, Sau. Chaya Wamanrao Bawankar and Others Vs State of Maharashtra through the Collector, Nagpur — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay in bringing the legal representatives of appellant nos. 1, 5 and 6 on record condoned; abatement against appellant nos. 1, 5 and 6 set aside; necessary amendment to be carried out within four weeks with amended copy supplied to the other side; matter to be listed for further consideration as per its turn.

Issue for consideration

Whether the delay in bringing the legal representatives of the deceased appellants (no.6 in CA 1383/2020; no.1 in CA 2737/2025; no.5 in CA 2739/2025) on record ought to be condoned. +1 more

Court's answer

In Civil Application No. 1383 of 2020, the delay of 10 months and 7 days in bringing the legal representatives of appellant no.6 on record is condoned, the reasons stated in paragraphs 2 and 3 of the application being uncontroverted by the respondents.

Ratio / Principle

In Civil Application No. 2737 of 2025, the delay in bringing the legal representatives of appellant no.1 (who died on 22.06.2021) on record is condoned, considering the reasons put forth in the application.

Key takeaways

In Civil Application No. 2739 of 2025, the delay in bringing the legal representatives of appellant no.5 (who died on 09.10.2021) on record is condoned, considering the reasons put forth in the application.ratio¶¶28
In Civil Application Nos. 1384/2020, 2738/2025 and 2740/2025, the abatement against appellant nos. 1, 5 and 6 is set aside, since the right to sue survives in favour of the legal heirs.ratio¶¶32

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Pravin S. Patil, J.; order dated 08/09/2025) disposed of six civil applications arising in First Appeal No. 121 of 2015, Jangluji Wanjari (dead) thr. LRs v. State of Maharashtra. Condonation of delay applications were allowed: CA No. 1383 of 2020 (delay of 10 months and 7 days in bringing LRs of appellant no.6 on record; reasons in paras 2 and 3 of the application uncontroverted by the respondents); CA No. 2737 of 2025 (LRs of appellant no.1, who died on 22.06.2021; heirs unaware of the pendency of the appeal); and CA No. 2739 of 2025 (LRs of appellant no.5, who died on 09.10.2021; unable to approach the Court immediately after his death despite interest in prosecuting the appeal). Applications CA Nos. 1384/2020, 2738/2025 and 2740/2025 for setting aside abatement against appellant nos. 1, 5 and 6 were allowed, the Court finding that the right to sue survives in favour of the legal heirs. Amendment was directed to be carried out within four weeks, amended copy to be supplied to the other side, and the matter listed for further consideration as per its turn.

1 10.caf.1383.2020

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

CIVIL APPLICATION NO. 1383 OF 2020 IN FIRST APPEAL NO.121 OF 2015

Jangluji Wanjari (dead) thr. LR’s

..vs..

State of Maharashtra

Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders

Court's or Judge's orders

Shri V.V. Pandey, Advocte for LR’s of appellant nos. 1, 5 and 6. Shri H.D. Futane, AGP for the State.

CORAM: PRAVIN S. PATIL, J. DATED : 08/09/2025.

Heard.

By this application, the applicants are seeking condonation of delay of 10 months and 7 days in bringing legal representatives of the appellant no.6 on record.

Considering the reasons put-forth in the application particularly in paragraphs 2 and 3, which are not controverted by the respondents, the application is allowed. Delay stands condoned.

The application stands disposed of accordingly.

CIVIL APPLICATION NO. 2737 OF 2025

Heard.

This is an application seeking condonation of delay in bringing legal representatives of the appellant no.1 record.

It is submitted that the appellant is expired on 22.06.2021. However, the legal heirs were not aware about the pendency of the present appeal. Hence, the delay is caused.

2 10.caf.1383.2020

Considering the reasons put-forth in the application the application is allowed. Delay stands condoned.

The application stands disposed of accordingly.

CIVIL APPLICATION NO. 2739 OF 2025

Heard.

This is an application seeking condonation of delay in bringing legal representatives of appellant no.5 record.

It is submitted that appellant no.5 is expired on 09.10.2021. Since the legal representatives of the appellant are interested to prosecute the present appeal however, immediately after the death of the appellant they were not in a position to approach before this Court. Hence, the delay is caused.

Considering the reasons put-forth in the application, the application is allowed. Delay stands condoned.

The application stands disposed of accordingly. CIVIL APPLICATION NOS.1384/2020, 2738/2025 AND 2740/2025

Heard.

These are the applications seeking setting aside abatement against appellant nos.1, 5 and 6.

For the reasons stated in the applications and considering the fact that the right to sue is surviving in favour of the legal heirs, the abatement against appellant nos.1, 5 and 6 are hereby set aside.

The applications stand disposed of accordingly.

3 10.caf.1383.2020

Necessary amendment be carried out within a period of four weeks. Amended copy be supplied on the other side.

List the matter for further consideration as per its turn.

(PRAVIN S. PATIL, J.)

Trupti