Kailas Sadashiv Patil Died Thr Proposed Lrs. Rinkal Kailas Patil And ORS. v. The State Of Maharashtra And Others

918 CA NO. 127 OF 2026.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 918 CIVIL APPLICATION NO. 127 OF 2026 IN RC/137/2016 Kailas Sadashiv Patil Died Thr Proposed Lrs. Rinkal Kailas Patil And Ors.

VERSUS

The State Of Maharashtra And Others ...

Ms. Nima R. Suryawanshi, Advocate for Applicant Mr. S. B. Jadhav, AGP for Respondents/State ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 06.01.2026 PER COURT :- 1.

Heard.

2.

Issue notice to the respondents. Learned AGP waives service of notice for respondents/State.

3.

This is an application for condonation of 1293 days delay caused in filing the Civil Application for bringing the legal representatives of deceased appellant Kailas Sadashiv Patil on record in Civil Application No.12741 of 2013 and in First Appeal Stamp No.25161 of 2013 as well as for setting aside abatement. 4.

Learned AGP for the respondents / State strongly opposed the application. He submitted that no sufficient reasons are given in the application to condone the delay and lastly prays

(( 2 )) 918 CA NO. 127 OF 2026 to reject the application.

5.

Perused the application. Considering the reasons stated therein, it appears that the delay is not deliberately caused. Hence, the application deserves to be allowed in the interest of justice. Hence, the following order:

::ORDER::

a.

The application is allowed by setting aside the abatement.

b.

The delay of 1293 days caused in filing the Civil Application for bringing the legal representatives of deceased appellant-Kailas Sadashiv Patil on record is condoned.

c.

The applicants are directed to carry out amendment in Civil Application No.12741 of 2013 and in First Appeal Stamp No.25161 of 2013 by bringing the legal representatives of the deceased appellant- Kailas Sadashiv Patil on record within a week.

d.

The Civil Application is disposed of.

[ SANJAY A. DESHMUKH, J. ] HRJadhav