Prakash Baburao Shinde Died Through Lrs Sindhubai Prakash Shinde v. The State Of Maharashtra Through The Collector Osmanabad

2025:BHC-AUG:35580 ( 1 ) 41 CA 13316 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 41 CIVIL APPLICATION NO. 13316 OF 2025 IN FA/1383/2024 WITH CIVIL APPLICATION NO. 13318 OF 2025 IN FA/1383/2024 PRAKASH BABURAO SHINDE DIED THROUGH LRS SINDHUBAI PRAKASH SHINDE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR OSMANABAD ...

Ms. L. R. Thakur h/f. Mr. L. C. Patil, Advocate for Applicants Mr. S. V. Hange, AGP for Respondent/State Mr. G. S. Khaire h/f. Mr. S. S. Dande, Advocate for Respondent No.3 ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 15.12.2025 PER COURT :- .

Heard both sides.

2.

Applicant seeks to condone the delay of 39 days in setting aside the abatement and in bringing legal heirs of applicant no.1 Prakash Baburao Shinde on record.

3.

The cause of action survives as against the legal heirs of applicant no.1. They are necessary parties. There are no malafides on the part of the applicants.

( 2 ) 41 CA 13316 OF 2025 4.

Civil Application is allowed in terms of prayer clause "A", "B" and "C".

5.

Both the parties shall be at liberty to carry out the amendment. FA/1383/2024 6.

This Court permitted the claimants to receive the amount vide order dated 23.06.2025. Thereafter applicant no.1 Prakash Baburao Shinde died in First Appeal No.1383 of 2024. Hence the steps are required to be taken. His legal heirs shall also be entitled to the amount. CIVIL APPLICATION NO. 13318 OF 2025 7.

Learned counsel for the applicant seeks leave to withdraw the application.

8.

Civil Application is permitted to be withdraw. 9.

Civil Application is disposed of as withdrawn. ( SHAILESH P. BRAHME, J. ) PRW