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Bombay High CourtCA/1099/2026admittedallowedgrantedrule absolute

Mahadeo Digambar Patwari (Died) Through His Lrs Daivashala And ORS. v. The State Of Maharashtra Through Collector Latur And ORS.

2026-02-24Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

934 CA NO. 1099 OF 2026.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 934 CIVIL APPLICATION NO. 1099 OF 2026 IN FA/1284/2014 Mahadeo Digambar Patwari (died) Through His Lrs Daivashala And Ors.

VERSUS

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

Mr. Rodge Krishna Pratap, Advocate for Applicant Mr. D. J. patil, AGP for Respondents/State ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 24.02.2026 PER COURT :- 1.

Heard.

2.

This is an application for condonation of 186 days delay caused in filing the Civil Application for bringing the legal representatives of deceased Mahadeo Digambar Patwari on record as well as for setting aside abatement.

3.

Learned AGP for the respondent / State strongly opposed the application and submitted that there is no sufficient reasons to condone the delay.

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

(( 2 )) 934 CA NO. 1099 OF 2026 justice. Hence, the following order:

::ORDER::

a.

The application is allowed by setting aside the abatement.

b.

The delay of 186 days caused in filing the Civil Application for bringing the legal representatives of deceased Mahadeo Digambar Patwari on record is condoned.

c.

The applicant is directed to amend the appeal memo by bringing the legal representatives of the deceased Mahadeo Digambar Patwari on record within a period of one week from today.

d.

If the amendment is not carried out within the stipulated period, the appellant shall pay costs of Rs.1,000/- to be deposited with the office of the High Court Legal Services Sub-Committee, Aurangabad. e.

The Civil Application is disposed of.

.

List the appeal on 10.03.2026.

[ SANJAY A. DESHMUKH, J. ] HRJadhav