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Bombay High CourtCA/1364/2026admittedallowedgrantedrule absolute

Shindubai Ambadas Pandav (Died) Thr. Lrs Ambadas And ORS v. The State Of Maharashtra Thr The Sub-Divisional Officer, Kannad And ANR

2026-02-04Hon'Ble Shri Justice Shailesh P. Brahme2 pages

53 CA 1364 OF 2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 53 CIVIL APPLICATION NO. 1364 OF 2026 IN FAST/4715/2023 WITH CIVIL APPLICATION NO. 3456 OF 2023 IN FAST/4715/2023 WITH CIVIL APPLICATION NO. 3455 OF 2023 IN FAST/4715/2023 SHINDUBAI AMBADAS PANDAV (DIED) THR. LRS AMBADAS AND ORS

VERSUS

THE STATE OF MAHARASHTRA THR THE SUB-DIVISIONAL OFFICER, KANNAD AND ANR ...

Advocate for Applicant : Mr. Bide Dnyaneshwar A. AGP for Respondent/State : Mr. N.D. Raje ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 04.02.2026 PER COURT :

The applicants seek to condone delay of 438 days for setting aside abatement and bringing legal heirs of deceased claimant Shindubai Ambadas Pandav. The cause of action survives as against legal heirs of deceased claimant Shindubai. They are necessary parties. No mala fides can be attributable to them.

2.

The delay stands condoned. Abatement is set aside. Leave is granted to bring legal heirs of deceased claimant Shindubai on record. CIVIL APPLICATION NO. 3455 OF 2023 IN FAST 4715/2023 3.

The applicants seek to condone delay of 101 days in preferring appeal.

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53 CA 1364 OF 2026.odt 4.

For the reasons stated in the application, the delay stands condoned. 5.

The Civil Application is disposed of.

FIRST APPEAL (STAMP) 6.

Issue notice for final disposal, at admission stage, returnable on 04.03.2026.

7.

Learned A.G.P. waives service for respondent no. 1. 8.

Call for record and proceedings.

( SHAILESH P. BRAHME, J.) mkd/- 2/2