Sarvar Masum Sayyad Died Thr Lrs Chand Sarvar Sayyad And ORS v. The State Of Maharashtra Through The Collector Nanded And ORS.

37-CA.13753-25 & ors.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 37 CIVIL APPLICATION NO. 13753 OF 2025 IN FAST/10425/2024 SARVAR MASUM SAYYAD DIED THR LRS CHAND SARVAR SAYYAD AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR NANDED AND ORS.

WITH CIVIL APPLICATION NO. 8764 OF 2024 IN FAST/10425/2024 ...

Advocate for Applicants : Mr. Anerao Panditrao S. AGP for Respondent/s-State : Mr. S. V. Hange. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 16.12.2025 PER COURT :- 1.

Heard both the sides.

2.

Applicants seek to condone delay, setting aside abatement and bringing legal heirs of original claimant Sarvar Masum Sayyed on record.

3.

The cause of action survives as against legal heirs of original claimant. Those are necessary parties. The delay is not intentional.

4.

Civil application is allowed in terms of prayer clauses "B, C and C1".

37-CA.13753-25 & ors.odt Civil Application for Delay 5.

Issue notice to the respondents, returnable on 03.02.2026.

6.

Learned AGP waives service of notice for the respondents-State.

(SHAILESH P. BRAHME, J.) ...

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