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Bombay High CourtCA/1943/2026admittedallowedgrantedrule absolute

Harishchandra Irappa Aradwad Died Thr. Lrs. Udhav H. Aradwad And ORS v. The State Of Maharashtra Thr. The Collector, Latur And Nar

2026-02-17Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

928 CA NO. 1943 OF 2026.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 928 CIVIL APPLICATION NO. 1943 OF 2026 IN FA/1769/2012 Harishchandra Irappa Aradwad Died Thr. Lrs. Udhav H. Aradwad And Ors

VERSUS

The State Of Maharashtra Thr. The Collector, Latur And Nar ...

Mr. Someshwar s. Birajdar h/for Mr. Kadam Vikram Sahebrao, Advocate for Applicant Mr. D. J. Patil, AGP for Respondents/State ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 17.02.2026 PER COURT :- 1.

Heard.

2.

This is an application for condonation of 399 days delay caused in filing the Civil Application for bringing the legal representatives of deceased appellant Harishchandra S/o Irappa Aradwad on record as well as for setting aside abatement. 3.

Learned AGP for the respondent / State strongly opposed the application.

4.

Perused the application. Considering the reasons stated therein, it appears that the delay is not deliberately caused. Hence, the application deserves to be allowed in the interest of

(( 2 )) 928 CA NO. 1943 OF 2026 justice. Hence, the following order:

::ORDER::

a.

The application is allowed by setting aside the abatement.

b.

The delay of 399 caused in filing the Civil Application for bringing the legal representatives of deceased appellant on record is condoned.

c.

The applicant is directed to amend the appeal memo by bringing the legal representatives of the deceased appellant within a period of one week from today, failing which costs of Rs.500/- shall be imposed upon the applicant.

d.

The Civil Application is disposed of.

[ SANJAY A. DESHMUKH, J. ] HRJadhav