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Bombay High CourtCA/7092/2025admittedallowedgrantedrule absolute

Babu Narayan Kokare Died Thr Lrs Mankavati Baburao Kokare And ORS v. The State Of Maharashtra Through The Collector Latur And ORS

2026-02-10Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

939-954 CA NO. 7092 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7092 OF 2025 IN FA/11/2011 Babu Narayan Kokare Died Thr Lrs Mankavati Baburao Kokare And Ors

VERSUS

The State Of Maharashtra Through The Collector Latur And Ors ...

Mr. Adgaonkar Ravibhushan P, Advocate for Applicant Mr. S. G. Joshi, AGP for Respondent/State Mr. S. G. Sangle, Advocate for Respondent No.2 WITH CIVIL APPLICATION NO. 6079 OF 2023 IN FA/21/2011 Bhamabai Dattatraya Patil (died) Thr Lrs Dilip And Anr

VERSUS

The State Of Maharashtra And Anr ...

Mr. Shinde Ram S., Advocate for Applicant Mr. V. V. Jahagirdar, AGP for Respondents/State Mr. S. G. Sangle, Advocate for Respondent No.2 ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 10.02.2026 PER COURT :- 1.

Heard.

2.

These are the applications for condonation of 1070 and 1338 days delay respectively caused in filing the Civil Applications for bringing the legal representatives of deceased Babu Narayan Kokare and Bhambai W/o Dattatraya Patil on record as well as for setting aside abatement.

(( 2 )) 939-954 CA NO. 7092 OF 2025 3.

Learned AGP for respondent No.1 and Learned Advocate for respondent No.2 strongly opposed the applications. 4.

Perused the applications. Considering the reasons stated therein, it appears that the delay is not deliberately caused. Hence, the applications deserve to be allowed in the interest of justice. Hence, the following order:

::ORDER::

a.

The applications are allowed by setting aside the abatement.

b.

The delay of 1070 and 1338 days respectively caused in filing the Civil Applications for bringing the legal representatives of deceased Babu Narayan Kokare and Bhambai W/o Dattatraya Patil on record is condoned.

c.

The applicants are directed to amend the appeal memo by bringing the legal representatives of the deceased on record within a period of one week. d.

The Civil Applications are disposed of.

[ SANJAY A. DESHMUKH, J. ] HRJadhav