Maroti Bapurao Pawar Died Thr Lrs Kantabai And ANR v. The State Of Maharashtra And Others

36-ca-11481-2025 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11481 OF 2025 IN FA/185/2010 Maroti Bapurao Pawar Died Thr Lrs Kantabai And Anr

VERSUS

The State Of Maharashtra And Others ...

Mr. G. D. Kale, Advocate for Applicants Mr. S. B. Jadhav, AGP for Respondent-State Mr. G. V. Pandalkar h/f Mr. D. V. Soman, Advocate for Respondent no.2 WITH X-OBJECTION NO. 98 OF 2025 IN FA/186/2010 WITH X-OBJECTION NO. 97 OF 2025 IN FA/188/2010 WITH FIRST APPEAL NO. 879 OF 2015 WITH CIVIL APPLICATION NO. 11482 OF 2025 IN FA/185/2010 WITH CIVIL APPLICATION NO. 11480 OF 2025 IN FA/186/2010 WITH CIVIL APPLICATION NO. 11478 OF 2025 IN FA/187/2010 WITH CIVIL APPLICATION NO. 11479 OF 2025 IN FA/188/2010

CORAM

: SANJAY A. DESHMUKH, J.

DATED : 08th DECEMBER, 2025 PER COURT :- CIVIL APPLICATION NO. 11481 OF 2025 1.

This is an application for bringing legal representatives of deceased claimant Maroti Bapurao Pawar on record. 2.

Perused the application. Heard learned Advocates for both the sides. There is delay of 217 days caused in filing the present application for bringing legal representatives of deceased claimant on record. The application is filed on behalf of the claimant by the

36-ca-11481-2025 -2respondent. Considering the duty of learned Advocate for the appellant that he did not file the application for bringing legal representatives of claimant on record, the application deserves to be allowed as prayed.

3.

Civil Application is allowed. Delay of 217 days caused in filing present application is condoned. Abatement is set aside. 4.

Learned Advocate for the appellants is directed to carry out the amendment within a week and submit amended copy of the appeal memo.

CIVIL APPLICATION NO. 11482 OF 2025 CIVIL APPLICATION NO. 11480 OF 2025 CIVIL APPLICATION NO. 11478 OF 2025 CIVIL APPLICATION NO. 11479 OF 2025 1.

The claimant has preferred these applications under Order 41 Rule 27 of the Code of Civil Procedure, 1908 for adducing additional evidence.

2.

It is well settled law that such applications and additional evidence can be considered at the time of final hearing of the appeals. Civil Applications are therefore disposed of with directions to the learned Advocate for the claimants to point out the said additional evidence at the time of final argument.

3.

Place all the First Appeals alongwith connected matters on 18.12.2025, for final hearing.

(SANJAY A. DESHMUKH, J.) Rushikesh/2025