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Bombay High CourtCA/10318/2024admittedallowedgrantedrule absolute

Shivaji Apparao Hudge (Died) Thr. Lrs. Mahananda W/O Shivaji Hudge And ANR v. The State Of Maharashtra Thr The Collector, Latur And ANR

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

2026:BHC-AUG:4539 75-ca-10318-2024 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10318 OF 2024 IN FA/1568/2016 Shivaji Apparao Hudge (died) Thr. Lrs. Mahananda W/o Shivaji Hudge And Anr

VERSUS

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

Mr. A. B. Kale h/f Mr. V. H. Solanke, Advocate for Applicants Mr. S. G. Joshi, AGP for Respondent-State

CORAM

: SANJAY A. DESHMUKH, J.

DATED : 02ND FEBRUARY, 2026 PER COURT :- 1.

This is an application filed for bringing the legal representatives of deceased applicant no.1-Shivaji Apparao Hudge on record by condoning the delay of 4333 days caused for filing the present Civil Application.

2.

Perused the application. Heard learned Advocates for both the sides.

3.

It appears that while filing the Cross-Objection, the claimants could not file the application within the prescribed period of limitation, resulting in the delay. It depends upon the advise given to the party by the Advocate. From the perusal of the application, it appears that the delay is not deliberately caused. In view of the judgment of New Okhla Industrial Development Authority Vs. Rameshwar @ Ramesh Chandra Sharma, Civil Appeal Nos.8331-8345 of 2022, it would be proper to condone the delay as the matters are

75-ca-10318-2024 -2old and the delay is not deliberately caused. Hence, the following order:

ORDER

a.

Civil Application is allowed.

b.

Delay of 4333 days caused in filing the present Civil Application is condoned.

c.

Abatement is set aside.

d.

Applicants are permitted to bring the legal representatives of deceased applicant no.1- Shivaji Apparao Hudge on record.

e.

Amendment be carried out within three days.

f.

Civil Application is disposed of.

APPEALS:

1.

Heard learned Advocate for the appellant.

2.

Stand over to 04.02.2026, at 02:30 p.m, high on board.

(SANJAY A. DESHMUKH, J.) Rushikesh/2026