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Bombay High CourtCA/11263/2023admittedallowedgrantedrule absolute

Purushottam Gopalrao Kanakdande (Died) Thr Lrs Padmabai And ORS v. The State Of Maharashtra And ORS

2025-09-30Hon'Ble Shri Justice Shailesh P. Brahme1 pages

2025:BHC-AUG:27170 1 05 ca 11263.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11263 OF 2023 IN FIRST APPEAL STAMP NO. 6544 OF 2020 Purushottam Gopalrao Kanakdande Since deceased Through Lrs Padmabai and others .. Applicants

Versus

The State of Maharashtra and others .. Respondents Shri Kiran M. Nagarkar, Advocate for the Applicants. Shri N. D. Raje, A.G.P. for the Respondent Nos. 1 and 2. CORAM :

SHAILESH P. BRAHME, J.

DATE :

30TH SEPTEMBER, 2025.

FINAL ORDER :

.

Application seeks to condone delay, set aside abatement and bring legal heirs of sole appellant on record. Though sole appellant - applicant died after decision of the Reference Court, present application is filed. The cause of action survives against the legal heirs of the applicant.

2.

For the reasons stated in the application, the civil application is allowed in terms of prayer clauses 'B' and 'C'. The civil application is disposed of.

3.

Amendment to be carried within a period of two (02) weeks from today.

[ SHAILESH P. BRAHME J. ] bsb/Sept. 25