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Bombay High CourtCA/10598/2024admittedallowedgrantedrule absolute

Virnath Kashinat Tongale (Died) Mahadevi And ORS v. The State Of Maharashtra, Through The Collector, Osmanabad And ORS

2026-01-20Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2026:BHC-AUG:2481 1 47 ca 10598.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10598 OF 2024 IN FIRST APPEAL NO. 3345 OF 2021 Virnath Kashinath Tongale Since deceased through his L.Rs.

Mahadevi Virnath Tongale and others .. Applicants

Versus

The State of Maharashtra, through Collector Osmanabad and others .. Respondents Ms. Mrunal Andhare, Advocate h/f Shri Ajeet B. Kale, Advocate for the Applicants.

Shri S. N. Morampalle, A.G.P. for the Respondent Nos. 1 and 3. Ms. Vaishali S. Swami, Advocate h/f Shri Mahesh C. Swami, Advocate for the Respondent No. 2.

CORAM : SHAILESH P. BRAHME, J.

DATE : 20TH JANUARY, 2026.

FINAL ORDER :

.

Applicants are seeking condonation of delay caused in filing application for setting aside abatement and bringing the legal heirs of deceased Archana Dinesh Patil on record. 2.

The cause of action survives against the legal heirs of the deceased Archana Patil. The delay is unintentional. For the reasons stated in the application the civil application is allowed

2 47 ca 10598.24 in terms of prayer clauses B, C and abatement is set aside. The civil application is disposed of.

[ SHAILESH P. BRAHME J. ] bsb/Jan. 26