Maroti Ramrao Konale Died Thr Lrs Chaturabai And ORS v. The State Of Maharashtra And ORS

2025:BHC-AUG:11387 1 940.CA.4361-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4361 OF 2025 IN FA/1567/2007 MAROTI RAMRAO KONALE DIED THR LRS CHATURABAI AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicants : Mr. Kurundkar Sameer Sunilrao Advocate for Respondent No.3 : Mr. P.V. Gole h/f Mr. P.G. Rodge AGP for Respondent Nos. 1 and 2/State : Mr. K.K. Naik ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 17th APRIL 2025 PER COURT :

.

This application is for condonation of delay in setting aside abatement and for bringing heirs of deceased - Applicant No.1 - Maroti Ramrao Konale; Applicant No.2 - Vithal Ramrao Konale and Applicant No.4 - Ganesh Gangadhar Konale, on record. 2.

The cause of action survives against heirs of deceased Applicants. The delay is explained in Paragraph No.6 of the application. The delay is not intentional. First Appeal is yet to be heard on merits. In that view of the matter, I am inclined to allow present application.

3.

The Civil Application is allowed in terms of prayer clause 'B', 'C' and 'D'.

2 940.CA.4361-2025.doc 4.

Amendment be carried out within four weeks.

SHAILESH P. BRAHME JUDGE NAJEEB..