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Bombay High CourtCA/7520/2025admittedallowedgrantedrule absolute

Gangadhar Patilba Warkhad Died Thr Lrs Ashok Gangadhar Warkhad And ORS v. The State Of Maharashtra Through Collector Ahilyanagar

2025-08-01Hon'Ble Shri Justice Shailesh P. Brahme2 pages

951-CA.7520-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 951 CIVIL APPLICATION NO. 7520 OF 2025 IN FA/930/2024 GANGADHAR PATILBA WARKHAD DIED THR LRS ASHOK GANGADHAR WARKHAD AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR AHILYANAGAR ...

Advocate for Applicants : Mr. Jayabhar Dattatraya R. AGP for Respondent/s-State : Mr. D. B. Bhange. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 01.08.2025 PER COURT :- 1.

In disposed of appeal, applicants are seeking their replacement due to death of applicant Gangadhar Patilba Warkhad. It is informed that sole applicant died on 20.02.2019. The cause of action survives against applicant Nos.1A to 1C. Inadvertently, it was not brought to the notice of Panel of Lok-Adalat which passed order on 09.12.2023. It would be hyper technical to reject the application for want of pleadings and prayers for condonation of delay and setting aside abatement.

2.

Civil application is allowed partly and the deceased applicant shall be replaced by applicant Nos.1A to 1C.

951-CA.7520-25.odt 3.

Applicant Nos.1A to 1C shall be at liberty to receive the amount which is transmitted to Reference Court. (SHAILESH P. BRAHME, J.) ...

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