Nawaz Abdul Shaikh Died Thr Lrs Mehtab Died Thr Lrs Rajasaheb and Anr. vs the State of Maharashtra Thr Collector Latur. — Bombay HC (2026) — LawSathi Research

Nawaz Abdul Shaikh Died Thr Lrs Mehtab Died Thr Lrs Rajasaheb and Anr. vs the State of Maharashtra Thr Collector Latur. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 6507 days condoned; abatement set aside; legal representatives of deceased appellant Nawaj permitted to be brought on record within a week, failing which costs of Rs.2000/- to be deposited with the High Court Legal Services Sub Committee, Aurangabad; applicants not entitled to interest on enhanced compensation; appellant's advocate directed to file Vakalatnama for the legal representatives and to argue the appeal finally on the next date, the appeals being of the year 2002.

Issue for consideration

Whether the delay of 6507 days in filing the application to bring on record the legal representatives of deceased appellant No.1 Nawaj should be condoned and the resulting abatement set aside, and on what conditions.

Court's answer

On perusal of the application, the delay of 6507 days was not caused deliberately.

Ratio / Principle

Relying on New Okhla Industrial Development Authority vs. Rameshwar (2022 SCC Online SC 1599), the application deserved to be allowed on condition that the applicants shall not be entitled to the interest amount on the amount of enhanced compensation.

Key takeaways

Abatement is set aside and the applicants are permitted to bring on record the legal representatives of deceased Nawaj within a week from the date of the order; if the amendment is not carried out within that period, the applicant must deposit costs of Rs.2000/- with the High Court Legal Services Sub Committee, Aurangabad.ratio¶¶18

Detailed headnote1 paragraphs

Bombay High Court (Aurangabad Bench), Sanjay A. Deshmukh J., 6 March 2026 — Civil Application No. 2598 of 2026 in First Appeal No. 694 of 2002 (Nawaz Abdul Shaikh & Ors. v. State of Maharashtra & Ors.). Condonation of delay of 6507 days in filing the application to bring on record the legal representatives of deceased appellant No.1 Nawaj and setting aside of abatement: the Court found the delay was not caused deliberately and, relying on New Okhla Industrial Development Authority vs. Rameshwar @ Ramesh Chandra Sharma (Dead) Through Legal Heir and Another, 2022 SCC Online SC 1599, allowed the application on condition that the applicants shall not be entitled to the interest amount on any enhanced compensation. The legal representatives were permitted to be brought on record within a week, failing which costs of Rs.2000/- were to be deposited with the High Court Legal Services Sub Committee, Aurangabad. The appellant's advocate undertook to file the Vakalatnama for the legal representatives and was directed to argue the appeal finally on the next date, the appeals being of the year 2002.

2026:BHC-AUG:9416

ca2598.26

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

901 CIVIL APPLICATION NO. 2598 OF 2026 IN

FIRST APPEAL NO. 694 OF 2002

Nawaz Abdul Shaikh And Ors. VERSUS

The State Of Maharashtra And Ors.

Advocate for Appellant : Mr. A. R. Ban h/f Mr. Z.Z. Sayyed AGP for Respondents: Mr. D.J. Patil

CORAM : SANJAY A. DESHMUKH, J. DATED : 6^th MARCH, 2026

PER COURT :-

This civil application is filed for condonation of delay of 6507 days caused in filing the application to bring on record the legal representatives of deceased appellant No.1 Nawaj and for setting aside the abatement with permission to bring on record the legal representatives of deceased appellant Nawaj on record.

Heard learned advocates for both sides. Learned advocate

for the respondents strongly opposed the application and submitted that there are no sufficient reasons in the application to condone the delay. He further submitted that if the Court is allowing the application, in that case, the claimant shall not be entitled for the interest amount of the said delayed period, if the amount of compensation is enhanced by this Court.

ca2598.26

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On perusal of application, it appears that the delay is not caused deliberately. In view of the judgment in the case of New Okhla Industrial Development Authority vs. Rameshwar @ Ramesh Chandra Sharma (Dead) Through Legal Heir and Another; 2022 SCC Online SC 1599, the application deserves to be allowed on condition that the applicants shall not be entitled for interest amount on the amount of enhanced compensation.

The application is accordingly allowed. Delay condoned. Abatement is set aside. The applicants are permitted to bring on record the legal representatives of deceased Nawaj on record within a week from today. If the amendment is not carried out within the aforesaid period, the applicant has to deposit the costs of Rs.2000/in the office of the High Court Legal Services Sub Committee, Aurangabad.

Learned advocate for the applicant submitted that he is ready to file Vaklatnama on behalf of the legal representatives of deceased Nawaj. He is further directed to argue the matters finally on the next date, as the appeals are of the year 2002.

(SANJAY A. DESHMUKH, J.)

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