Madhav Ganpati Shinde Died Thr Lrs Laxmibai And ORS v. The State Of Maharashtra And Others

2025:BHC-AUG:32926 37 CA 12800 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 37 CIVIL APPLICATION NO. 12800 OF 2025 IN FA/3010/2021 WITH CIVIL APPLICATION NO. 12821 OF 2025 IN FA/3010/2021 WITH CIVIL APPLICATION NO. 12891 OF 2021 IN FA/3010/2021 MADHAV GANPATI SHINDE DIED THR LRS LAXMIBAI AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr. Sachin Bhalerao h/f Mr. Kale Ajeet B. AGP for Respondent nos. 1 & 2 : Mr. S.V. Tambe Advocate for Respondent No. 3 : Mrs. Vaishali S. Swami h/f Mr. Sudhir G. Bhalerao ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 26.11.2025 PER COURT :

CIVIL APPLICATION FOR CONDONATION OF DELAY The applicants seek to condone the delay of 1840 days in setting aside abatement and bringing legal heirs of deceased Mahadeo Ganpati Shinde on record. The cause of action survives against the legal heirs of deceased claimant Mahadeo. It is desirable to condone the delay. 2.

The Civil Application is allowed in terms of prayer clause 'B' and 'C'. 3.

Both parties shall carryout the amendment.

4.

The Civil Application is disposed of.

CIVIL APPLICATION FOR WITHDRAWAL OF AMOUNT 5.

The applicants seek to withdraw an amount of Rs. 9,09,453/- 1/2

37 CA 12800 OF 2025.odt deposited by the respondent-Acquiring Body. In similarly situated matters the claimants are permitted to receive 50% of the amount with accrued on furnishing an undertaking and 50% of the amount with accrued interest on furnishing solvent surety/security. I propose to follow the same course. 6.

The Civil Application is partly allowed.

7.

The applicants are permitted to receive 50% of the amount with accrued on furnishing an undertaking and 50% of the amount with accrued interest on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court. Balance amount shall be invested in any nationalized bank.

8.

The Civil Application is disposed of.

FIRST APPEAL 9.

Admit. Learned counsel Mr. Mr. Sachin Bhalerao h/f Mr. Kale Ajeet B. waives service for respondent no. 1. Learned A.G.P. waives service for respondent no. 2 and 3.

10.

Call for record and proceedings.

11.

Print is dispensed with.

APPLICATION FOR STAY 12.

In view of depositing of the entire amount, ad interim relief granted earlier shall stand confirmed.

13.

The Civil Application is disposed of.

( SHAILESH P. BRAHME, J.) mkd/- 2/2