901e.fa.611.12 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application [CAF] Nos.2411, 2410 & 2412 of 2026 in First Appeal No.611 of 2012 Western Coalfields Limited vs. State of Maharashtra, through Special Land Acquisition Officer (General), Chandrapur and others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. C.S. Samudra, Advocate for the Applicant/Appellant. Mr. G.S. Umale, A.G.P. for Respondent No.1. Mr. S.N. Bhattad, Advocate for Respondent Nos.2 to 5. CORAM : Y.G. KHOBRAGADE, J. DATE : 14 th AUGUST, 2 026. Heard Mr. C.S. Samudra, learned Counsel for the appellant. Mr. S.N. Bhattad, learned Counsel appearing for the proposed legal heirs of respondent No.2 and respondent No.4 waives service of notice and undertakes to file Vakalatnama on their behalf. 02. By these applications, the appellant-acquiring body seeks condonation of delay of 3673 days and 2774 days caused in filing the applications for bringing on record the legal heirs of deceased respondent No.2-Kisan s/o Kashinath Ghotkar, who died on 28/03/2016, and deceased respondent No.4-Gopala s/o Kashinath Ghotkar, who died on 13/09/2018, respectively, during the pendency of the appeal. The appellant further seeks permission to bring the legal heirs of deceased respondent Nos.2 and 4 on record and to set aside the abatement. 03. The learned Counsel appearing for respondent Nos.2 to 5 strongly opposed the applications, stating that the delay has not been properly and sufficiently explained. 2026:BHC-NAG:10612 901e.fa.611.12 2/2 04. Needless to say, on 23/03/2026, Pursis Stamp No.4/2026 was filed on behalf of respondent Nos.2 and 4, who died during the pendency of the appeal. Thereafter, the appellant filed the present applications. Therefore, the delay caused in lodging the applications for bringing the legal heirs on record can be computed from the date on which the appellant acquired knowledge of the death of the said respondents, i.e. the date on which the intimation was given by filing Pursis Stamp No.4/2026. Therefore, the delay caused in lodging the applications for bringing the legal heirs of deceased respondent No.2 and deceased respondent No.4 on record appears to be bona fide and sufficiently explained by the appellant. Consequently, the abatement caused due to failure to bring the legal heirs of respondent Nos.2 and 4 on record is liable to be set aside. 05. Accordingly, the delay of 3673 days and 2774 days caused in lodging the applications for bringing the legal heirs on record is condoned. The abatement is set aside. The applicant/appellant is permitted to bring the legal heirs of deceased respondent Nos.2 and 4 on record, as described in paragraph No.2 of the applications. 06. The appellant shall carry out the necessary amendment within a period of seven days from today and shall serve the amended copy of the appeal upon the respondents. 07. Accordingly, all these applications are allowed and disposed of. JUDGE *sandesh