Babruwan Dattu Mohite Died Through His Lrs Ramchandra Babruwan Mohite And ORS v. The State Of Maharashtra Thr Collector Osmanabad And ORS

2025:BHC-AUG:23456 1 54(i).CA-9223-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 54 CIVIL APPLICATION NO. 9223 OF 2025 IN FA/1648/2025 BABRUWAN DATTU MOHITE DIED THROUGH HIS LRS RAMCHANDRA BABRUWAN MOHITE AND ORS

VERSUS

THE STATE OF MAHARASHTRA THR COLLECTOR OSMANABAD AND ORS ...

Advocate for the Applicant : Mr. Praveen Baliram Rakhunde AGP for Respondent/State : Mr.B.A.Shinde Advocate for Respondent No.3 :Mr.Sunil Prabhudeo Sonpawale ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 25.08.2025 PER COURT :

.

Present application is for condonation of delay, setting aside abatement and bringing heirs of sole claimant/Babruwan Dattu Mohite on record.

2.

The legal heirs of deceased claimant are coming forward with application for bringing them on record. In fact it should have been filed by the Respondent/Acquiring body. The cause of action survives against them. They are entitled to receive the compensation subject to decision of the appeal.

3.

For the reasons stated in the application, I am inclined to condone the delay and permit them to bring on record.

2 54(i).CA-9223-2025.doc 4.

Civil application is allowed by condoning delay, setting aside abatement and bringing heirs of deceased sole claimant/Babruwan Dattu Mohite on record.

5.

Both the parties shall be at liberty to carry out amendment. [ SHAILESH P. BRAHME, J.] vsj..