The Chief Officer, Municipal Council, Gondia vs Devidas Pohumal Goplani, Gondia, and 2 Others — Bombay HC (2026) — LawSathi Research

The Chief Officer, Municipal Council, Gondia vs Devidas Pohumal Goplani, Gondia, and 2 Others — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

All four civil applications allowed: (i) 4349 days' delay in filing the substitution application condoned, subject to costs of Rs.10,000/- to the Public Welfare Account; (ii) abatement against deceased respondent No.1 quashed and set aside, his legal heirs to be brought on record within one week and notice to respondents returnable on 11/02/2026; (iii) Registrar (Judicial)'s order dated 18/09/2018 dismissing the appeal against respondent No.5 quashed and set aside; (iv) applicant permitted to supply respondent No.5's correct address by correcting the clause title of the appeal within one week, with fresh notice to respondent No.5 returnable on 11/02/2026.

Issue for consideration

Whether the delay of 4349 days in filing the application for bringing the legal heirs of respondent No.1 on record ought to be condoned. +3 more

Court's answer

The application for condonation of 4349 days' delay in filing the application for bringing the legal heirs of respondent No.1 on record is allowed, subject to costs of Rs.10,000/- to be deposited to the Public Welfare Account opened as per this Court's orders in Suo-Motu Public Interest Litigation No. 01/2021; the delay is accepted as arising from the earlier counsel's failure to inform the Municipal Council of the progress of the matter.

Ratio / Principle

Civil Applications (CAO) Nos. 35 and 34 of 2026 are allowed: the abatement against respondent No.1, who expired on 17/10/2013, is quashed and set aside, and his legal heirs are directed to be brought on record within one week, whereafter notice is to be issued to the respondents, returnable on 11/02/2026.

Key takeaways

On the statement of learned counsel that the earlier counsel had not taken proper steps and office objections were not removed at the relevant time, the order passed by the Registrar (Judicial) dated 18/09/2018, dismissing the appeal against respondent No.5, is quashed and set aside.ratio¶29
Civil Application (CAO) No. 38 of 2026 is allowed: learned counsel for the applicant is permitted to supply the correct address of respondent No.5 by making necessary corrections in the clause title of the appeal, the corrections to be carried out within one week and fresh notice thereafter to be issued to respondent No.5, returnable on 11/02/2026.ratio¶32

Detailed headnote1 paragraphs

Nagpur Bench of the Bombay High Court (Pravin S. Patil, J., order dated 17/01/2026) disposed of four civil applications by the Chief Officer, Municipal Council, Gondia, arising in CAO No. 849 of 2016 in Misc. Civil Application Stamp No. 3945 of 2016 in First Appeal Stamp No. 20941 of 2013. (1) CAO No. 36 of 2026: condonation of a 4349-day delay in moving to bring on record the legal heirs of respondent No.1 (who died on 17/10/2013) was granted, the Council explaining that its erstwhile counsel had never informed it of the appeal's progress, subject to costs of Rs.10,000/- payable to the Public Welfare Account maintained pursuant to this Court's orders in Suo-Motu Public Interest Litigation No. 01/2021. (2) CAO Nos. 35 and 34 of 2026: the abatement (printed 'abetment') against the deceased respondent No.1 was quashed and set aside; his legal heirs to be brought on record within a week, with notices returnable on 11/02/2026. (3) CAO No. 37 of 2026: the Registrar (Judicial)'s order dated 18/09/2018 dismissing the appeal against respondent No.5 for want of a correct address - office objections having gone unremoved owing to the earlier counsel's inaction - was quashed and set aside. (4) CAO No. 38 of 2026: the applicant was permitted to supply respondent No.5's correct address by correcting the clause title of the appeal within a week, with fresh notice returnable on 11/02/2026.

913cao36.2026.odt

1

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

CIVIL APPLICATION (CAO) NO. 36 OF 2026 IN CIVIL APPLICATION (CAO) NO. 849 OF 2016 IN MISC. CIVIL APPLICATION STAMP NO. 3945 OF 2016 IN FIRST APPEAL STAMP NO. 20941 OF 2013

The Chief Officer, Municipal Council, Gondia, Tahsil Office Gondia thr. its Chief Officer

Vs

Devidas s/o Pohumal Goplani and others.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

Mr. S.A. Sahu, counsel h/f Mr. M.I. Dhatrak, counsel for applicant.

CORAM : PRAVIN S. PATIL, J. DATE : 17/01/2026

By this application, the applicant is seeking condonation of 4349 days in filing the application for bringing legal heirs of respondent No.1 on record.

The submission in support of this application is that an earlier counsel has been engaged by the Municipal Council to contest this appeal; however, the said counsel did not inform to the Municipal Council about the progress of the matter, and therefore, Municipal Council was not aware of the fact that, it was required to take necessary steps in the matter. Hence, the delay of 4349 days is caused in filing the application for bringing legal heirs of respondent No.1 on record.

In view of the averments made in the application, the application is allowed , subject to the costs of Rs.10,000/- to be deposited to the Public Welfare Account, which was opened as per

rkn

913cao36.2026.odt

2

order and directions of this Court in Suo-Motu Public Interest Litigation No. 01/2021.

CIVIL APPLICATION (CAO) NO. 35 OF 2026 AND CIVIL APPLICATION (CAO) NO. 34 OF 2026

By these applications, the prayer is made to quash and set aside the abetment against the Respondent No.1, who is expired on 17/10/2013, and further to bring on record the legal heirs of respondent No.1.

For the reasons stated in the applications, both the applications are allowed.

The legal heirs of respondent No.1 be brought on record within a period of one week.

After bringing the legal heirs of Respondent No.1 on record, issue notice to the respondents, returnable on 11/02/2026.

CIVIL APPLICATION (CAO) NO. 37 OF 2026

By this application, the prayer is made to set aside the order passed by the Registrar (Judicial) dated 18/09/2018, whereby the appeal came to be dismissed against the respondent No.5 for not supplying the correct address.

Learned counsel for the applicant states that earlier counsel appearing in the matter did not take proper steps, and therefore, the office objections were not removed at the relevant time. It is further stated that the applicant has moved a separate application for supplying the correct address of Respondent No.5.

rkn

913cao36.2026.odt

3

In view of this statement, the order passed by the Registrar (Judicial) dated 18/09/2018 is hereby quashed and set aside.

CIVIL APPLICATION (CAO) NO. 38 OF 2026

For the reasons stated in the application, the application is allowed.

Learned counsel for the applicant is permitted to supply the correct address of Respondent No.5 by making necessary corrections in the clause title of the appeal.

The corrections be carried out within a period of one week.

After carrying out the corrections, issue fresh notice to the Respondent No.5, returnable on 11/02/2026.

(PRAVIN S. PATIL, J.)

rkn