( 1 ) 923 CA 4436 OF 2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 923 CIVIL APPLICATION NO. 4436 OF 2026 IN FA/3229/2018 BHAGWANRAO DHARBAJEE GUTTE DIED THR HIS LEGAL REPR. DHANANJAY AND ANR. VERSUS THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND ORS. ... Mr. N D. Kendre, Advocate for Applicants Mr. A. V. Lavte, AGP for Respondent Nos.1 and 2 – State Mr. R. B. Deshpande, Advocate for Respondent No.3 … CORAM : AJIT B. KADETHANKAR, J. DATE : 02.09.2026 PER COURT :- . This Civil Application is for bringing legal representatives of the deceased applicant on record. There is delay of 379 days caused in filing the Civil Application and hence composite prayer is made for condonation of delay and for permitting the applicants to amend the title clause as prayed for in the Civil Application. 2. It is submitted that during the pendency of the first appeal, the sole appellant/applicant died. The applicants were unaware about the pendency of the matter and hence could not approached the learned Advocate earlier. This has resulted in delay of 379 days in filing the application. He submits that the right to sue the appeal/continue the appeal devolves in the present applicants and hence, in the interest of justice, the application 2026:BHC-AUG:40222 ( 2 ) 923 CA 4436 OF 2026 deserves to be allowed. 3. Mr. Deshpande, learned Advocate for the acquiring body raises objection to the application. He submits that the application is not bonafide one and must be rejected on the count of unexplained delay. 4. I heard the learned Advocates for both the parties. 5. The first appeal is filed by the deceased Bhagwanrao for enhancement in the compensation. The claim of enhancement of the compensation is statutory right of the party of whose land is acquired. That way, after demise of Bhagwanrao, his right and interest devolve in the present applicants. In view of this and for the reasons stated in the application, I deem it appropriate to condone the delay. 6. Civil Application is allowed. Delay caused in filing the application stands condoned. 7. The applicants are permitted to amend the title clause of the appeal and the applications therein, if any, by incorporating the names of legal representatives of the deceased applicant Bhagwanrao. Amendment be carried out within two weeks from today. [AJIT B. KADETHANKAR, J.] PRW