Prasad Shankarrao @ Yadavrao Bagal Died Thr. Lrs Sachin P. Bagal v. The State Of Maharashtra Thr The Collector, Osmanabad And ORS

2026:BHC-AUG:2126 ca754.26 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 29 CIVIL APPLICATION NO. 754 OF 2026 IN FA/2232/2014 Prasad Shankarrao @ Yadavrao Bagal Died Thr. Lrs Sachin P. Bagal

VERSUS

The State of Maharashtra through the Collector, Osmanabad and Ors ...

Advocate for Applicant : Mr. Muley Pramod N.

A.G.P. for respondent Nos.1 and 3: Mr. D.J. Patil Advocate for Respondent No.2 : Mr. B.R. Surwase .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 19th JANUARY, 2026 PER COURT :- 1.

This is an application for condonation of delay caused in filing the civil application for bringing the legal representatives of appellant Prasad Shankarrao Bagal, on record. 2.

Perused the application. Heard learned advocates for both sides. Learned A.G.P. and learned advocate for respondent No.2 strongly opposed the application and submitted that there are no sufficient reasons to condone the delay. 3.

On perusal of the application, it appears that the delay

ca754.26 -2caused is not deliberate as there was no knowledge to the applicant. The valuable rights of the parties are to be decided on merits, finally. The application therefore, deserves to be allowed in the interest of justice. Since the applicant is a farmer the cost cannot be saddled on him. The application is thus allowed in terms of prayer clause B to D.

4.

Learned advocate for the applicant pointed out that name of Yadavrao was not stated in the death certificate. In view of the same, the Registry is directed to permit the applicant to carry out the amendment accordingly. The abetment is also set aside.

5.

Learned advocate for the respondent No.2 Survase submitted that name of respondent No.2 is now changed as Lift Irrigation Dharashiv and it be amended accordingly. Leave granted. The necessary corrections be carried out by the appellants within a week from today.

(SANJAY A. DESHMUKH, J.) rlj/