Kashinath Tatya Mhaske (Dead) Thr Lrs Chandrakant And ORS v. The State Of Maharashtra Through The Collector And Others

2025:BHC-AUG:27066 902(A)-CA-10826-2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10826 OF 2025 IN FAST/11159/2017 KASHINATH TATYA MHASKE (DEAD) THR LRS CHANDRAKANT AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR AND OTHERS ....

Mr. L. C. Patil, Advocate for the Applicants Mr. N. R. Dayama, AGP for Respondent Nos. 1 and 2 Mr. A. R. Lukhe, Advocate h/f Mr. A. S. Shelke, Advocate for Respondent No.3.

....

CORAM : Y. G. KHOBRAGADE, J.

DATE : 30.09.2025 PER COURT :- 1.

Heard learned counsel appearing for the applicants and the learned counsel appearing for the non-applicants. 2.

By the present application, the applicants prayed for permission to bring the legal heirs of applicant No.1-E on record, as well as condonation of delay and setting aside abatement.

(( 2 )) 902(A)-CA-10826-2025 3.

The learned counsel appearing for the non applicants have no objection.

4.

Since the cause of action is continue and the appeal is arising out of the judgment and award passed by the Reference Court in Land Acquisition Reference No.126 of 2011, therefore, considering the grounds set out in the application, the present application deserves to be allowed.

5.

Accordingly, delay of 2681 days caused in filing the present application is hereby condoned. Abatement is set aside. The legal heirs of applicant No.1-E be brought on record. The necessary amendment be carried out within a period of 14 days from today. 6.

Accordingly, the civil application is disposed off. [ Y. G. KHOBRAGADE, J. ] SMS