BHAUSAHEB RAMCHANDRA BHOGADE DIED THROUGH LRS SUNANDA AND ORS. v. THE UNION OF INDIA, THR THE GENERAL MANAGER, C.R. MUMBAI AND ORS.
CA/9607/2026 · 2026-08-27
body2026
DailyLaw.ai
[ 2026 DAILYLAW 5023 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5023 (BOM) · dailylaw.ai ]
Judgment text
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1 915 ca 9607.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 9607 OF 2026 IN FIRST APPEAL NO. 268 OF 2026 Bhausaheb Ramchandra Bhogade Since deceased through his L.Rs. Sunanda Ramesh Parbhane and others .. Applicants Versus The Union of India, through the General Manager, C.R. Mumbai and others .. Respondents Ms. G. R. Jagtap, Advocate h/f Shri C. K. Shinde, Advocate for the Applicants. Shri Rohit S. Sarvadnya, Senior Panel Counsel for the Respondent Nos. 1 and 2.
CORAM : MANJUSHA A. DESHPANDE, J.
DATE : 27TH AUGUST, 2026.
ORDER : . This application has been filed by the legal heirs of original claimant Bhausaheb Ramchandra Bhogade who was respondent in the first appeal filed by the Union of India. The first appeal challenging the order dated 09.09.2019 passed by the Civil Judge Senior Division Beed in reference proceedings has been dismissed by this Court vide judgment and order dated 18.04.2026 and the claimant was permitted to withdraw the amount of compensation deposited in this Court. 2026:BHC-AUG:38714
2 915 ca 9607.26
2. It is submitted that during the pendency of appeal claimant Bhausaheb Ramchandra Bhogade died on 26.03.2026. It is further submitted that the deceased claimant is survived by the applicants in the present application, whose names are stated in the title cause and there are no other surviving legal heirs. Therefore, they are entitled to receive the compensation payable to deceased Bhausaheb Ramchandra Bhogade.
3. Since legal heirs remained to be brought on record during the pendency of appeal, the applicants are facing difficulty in withdrawing the amount deposited before this Court. The applicants have placed on record death certificate of the original claimant - Bhausaheb Ramchandra Bhogade, which shows that his death had occurred on 26.03.2026. In fact heirship certificate issued by Sarpanch of Gram Panchayat, Sakat, Tq Ashti discloses names of present applicants to be legal heirs of late Bhausaheb Ramchandra Bhogade.
4. In view of the aforementioned circumstances the civil application is allowed by condoning the delay of 37 days caused in filing the applicaton. The civil application is allowed in terms of prayer clauses “B” and “D”. The applicants as well as the acquiring body shall carry out the necessary amendment in the memo of the first appeal. The civil application is disposed of.
[ MANJUSHA A. DESHPANDE J. ] bsb/Aug. 26