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Bombay High CourtCA/60/2026admittedallowedgrantedrule absolute

Sangappa Baswanappa Kalshetti @ Vagshetti Died Thr Lrs Sunita Died Thr. Lrs Ashok And ORS. v. The State Of Maharashtra Through The Dist Collector Osmanabad And ORS.

2026-01-06Hon'Ble Shri Justice Shailesh P. Brahme1 pages

2026:BHC-AUG:267 940 CA 60 26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 60 OF 2026 IN FA/2064/2025 SANGAPPA BASWANAPPA KALSETTI @ VAGSHETTI DIED THROUGH L.RS. SUNITA DIED THROUGH L.RS. ASHOK AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE DISTRICT COLLECTOR OSMANABAD AND OTHERS ...

Advocate for Applicants : Mr. Patil Laxmikant C. A.G.P. for Respondent nos. 1 & 2 : Mr.N.D. Raje Advocate for Respondent No. 3 : Mr Anil M. Gaikwad ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 06.01.2026 PER COURT :

The applicant seeks to condone delay in setting aside abatement and bringing legal heirs of deceased applicant Sangappa Baswanappa Kalshetti @ Vegshetti, Kalawati w/o Sangappa Vagshetti @ Kalshetti and Sunita @ Sunanda Ashok Wale. The cause of action survives against the legal heirs of the deceased applicants. They are necessary parties. No mala fides can be inferred for preferring the appeal belatedly. 2.

The delay in preferring the appeal stands condoned, abatement is set aside and the applicants shall be brought on record as a legal heir of the deceased applicants/claimants.

( SHAILESH P. BRAHME, J.) mkd/- 1/1