Kisan Badshaha Gaikwad And Others v. Nivrutti Baju Mule Dead And Others

940.CA.4311.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4311 OF 2025 IN WRIT PETITION NO. 7725 OF 2013 Kisan Badshaha Gaikwad & Ors.

...Applicants

Versus

Nivrutti Baju Mule Dead & Ors.

...Respondents

WITH WRIT PETITION NO. 7725 OF 2013 *** Mr. S. S. Wagh h/f Mr. Shelke Shivaji T., Advocate for the Petitioners. Madhav N. Kalyane h/f Mr. G. B. Rajale, Advocate for Respondent Nos. 2 to 9.

*** CORAM : ABHAY J. MANTRI, J.

DATE : OCTOBER 14, 2025 PER COURT :

1.

The applicants have filed this application to condone the delay of 1052 days in filing the civil application to bring the legal representatives of deceased respondent No.1 and permit the applicants to bring them on record. The learned advocate for respondent Nos. 2 to 9, Mr. Kalyane, has given no objection. It is pertinent to note that despite the service of notice on the proposed respondent Nos. 1A to 1C, none appears. 2.

Having considered the reasons disclosed in the application and no objection of the learned advocate for respondent Nos. 2 to 9, the application is allowed as prayed. The delay of 1052 days in filing the civil application is condoned. The legal representatives of deceased respondent Shrikant Malani

940.CA.4311.2025.odt No. 1, i.e. respondent Nos. 1A to 1C be taken on record by setting aside the abatement order, if any, passed. The applicants are directed to carry out the amendment by 17th October 2025 and supply a copy of the amended petition to the other side on or before 04th November 2025, failing which, the petition shall stand dismissed without further reference to the Court. 3.

List the matter on 04th November 2025.

(ABHAY J. MANTRI, J.) Shrikant Malani