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Bombay High CourtCA/1/2026admittedallowedgrantedrule absolute

Pandurang Ambadas Kakade, Died Thr. L.Rs. Vithal Died Through Kashibai And ORS v. The Executive Engineer, Medium Project Division, Osmanabad And ANR.,

2026-01-05Hon'Ble Shri Justice Shailesh P. Brahme1 pages

2026:BHC-AUG:44 ( 1 ) 89 CA 1 OF 2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 89 CIVIL APPLICATION NO. 1 OF 2026 IN FA/640/2024 PANDURANG AMBADAS KAKADE, DIED THR. L.RS. VITHAL DIED THROUGH KASHIBAI AND ORS

VERSUS

THE EXECUTIVE ENGINEER, MEDIUM PROJECT DIVISION, OSMANABAD AND ANR., ...

Mr. M. P. Tripathi, Advocate for Applicants Mr. S. N. Morampalle, AGP for Respondent-s/State Mr. R. R. Deshmukh h/f. Mr. R. B. Deshmukh, Advocate for Respondent No.1 ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 05.01.2026 PER COURT :- .

Present Civil Application is filed in the disposed First Appeal. The delay is sought to be condoned for bringing legal heirs of deceased appellant no.1-C Popat Pandurang Kakade and appellant no.1-G Sheshabai w/o Bhimrao Ghadage on record.

2.

The delay is unintentional. The respondent - acquiring body should have taken steps for bringing legal heirs on record. 3.

Civil Application is allowed in terms of prayer clause "B". The delay stands condoned. Abatement is set aside. ( SHAILESH P. BRAHME, J. ) PRW