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Bombay High CourtCA/2788/2025admittedallowedgrantedrule absolute

Chandarrao Anandrao Patil (Shinde) Died Th Lrs Nandkumar Chandarrao Patil (Shinde) And ANR v. The State Of Maharshtr, Throuh The Collector Latur And ORS

2025-03-28Hon'Ble Shri Justice Shailesh P. Brahme1 pages

2025:BHC-AUG:9227 1 952.CA.2788-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2788 OF 2025 IN FA/1974/2011 CHANDARRAO ANANDRAO PATIL (SHINDE) DIED TH LRS NANDKUMAR CHANDARRAO PATIL (SHINDE) AND ANR

VERSUS

THE STATE OF MAHARSHTR, THROUH THE COLLECTOR LATUR AND ORS ...

Advocate for Applicants : Mr. Kale Netaji Ganpatrao AGP for Respondent No.1 : Mrs. Chaitali Chaudhari Kutti ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 28th MARCH 2025 PER COURT :

1.

This application is for condonation of delay and bringing legal heirs of deceased Applicant No.2 - Baliram Chandarrao Patil (Shinde) on record.

2.

I have considered the submissions of learned Counsel for the applicant and also gone through the averments of Paragraph Nos. 3 to 6. First Appeal is still pending. The cause of action survives against the heirs of the deceased. I, therefore, pass following order :

ORDER

(i) The Civil Application is allowed in terms of prayer clause 'B' and 'C'.

(ii) Amendment be carried out within four weeks.

SHAILESH P. BRAHME JUDGE NAJEEB..