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Bombay High CourtCA/401/2026admittedallowedgrantedrule absolute

Haridas Ramrao Shirsagar Deceased Through Lrs Arunabai And Others. v. The State Of Maharashtra Through The Collector Latur And Others And ORS

2026-01-12Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

20 CA NO. 401 OF 2026.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 20 CIVIL APPLICATION NO. 401 OF 2026 IN FA/205/2013 Haridas Ramrao Shirsagar Deceased Through Lrs Arunabai And Others.

VERSUS

The State Of Maharashtra Through The Collector Latur And Others And Ors ...

Mr. Sawant Eknath P., Advocate for Applicant Mr. D. J. Patil, AGP for Respondents/State CORAM : SANJAY A. DESHMUKH, J.

DATE : 12.01.2026 PER COURT :- 1.

Heard.

2.

This is an application for condonation of 332 days delay caused in filing the Civil Application for bringing the legal representatives of deceased appellant on record as well as for setting aside abatement.

3.

Learned AGP for the respondent / State strongly opposed the application.

4.

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:

(( 2 )) 20 CA NO. 401 OF 2026 ::ORDER::

a.

The application is allowed by setting aside the abatement.

b.

The delay of 332 days caused in filing the Civil Application for bringing the legal representatives of deceased appellant on record is condoned.

c.

The applicant is directed to amend the appeal memo by bringing the legal representatives of the deceased appellant on record within a week.

d.

If the amendment is not carried out within the stipulated period, the appellant shall pay costs of Rs.500/- to be deposited with the office of the High Court Legal Services Sub-Committee, Aurangabad. e.

The Civil Application is disposed of.

[ SANJAY A. DESHMUKH, J. ] HRJadhav