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Bombay High CourtCA/13579/2025admittedallowedgrantedrule absolute

Dhondiba Shankar Hadagale And ORS v. The Executive Engineer Medium Project Division Osmanabad District Osmanabad

2025-12-02Hon'Ble Shri Justice Shailesh P. Brahme1 pages

2025:BHC-AUG:34380 50 CA 13579 25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 50 CIVIL APPLICATION NO. 13579 OF 2025 IN FAST 28171/2023 DHONDIBA SHANKAR HADAGALE AND OTHERS

VERSUS

THE EXECUTIVE ENGINEER MEDIUM PROJECT DIVISION OSMANABAD DISRICT OSMANABAD ...

Advocate for Claimants : Mr. S.P. Salgar h/f Mr. Anant Ramahari Devakate Advocate for Acquiring Body : Mr. Arun H. Koralkar AGP for State : Mrs. M.N. Ghanekar

CORAM

: SHAILESH P. BRAHME, J.

DATE : 08.12.2025 PER COURT :

Learned counsel for the applicants/claimants tenders across the bar Civil Application for bringing legal heirs of deceased Dhondiba Shankar Adgale on record. Learned counsel submits that the original claimant died on 27.10.2022 and the legal heirs shown in the application are necessary parties. The delay needs to be condoned.

2.

The Civil Application is allowed by condoning delay for setting aside the abatement for bringing legal heirs on record. Affidavit in support of the application is dispensed with. The filing of the affidavit is dispensed with as an exceptional case and as a statement is made that the legal heirs are the only legal heirs of the deceased claimant.

( SHAILESH P. BRAHME, J.) mkd/- 1/1