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Bombay High CourtCA/2853/2026admittedallowedgrantedrule absolute

Sakharam Tulshiram Surnar Died Through Lrs Jijabai And ORS. v. The State Of Maharashtra Through Dist Collector Nanded And ORS.

2026-03-10Hon'Ble Shri Justice Shailesh P. Brahme1 pages

2026:BHC-AUG:10491

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 83 CIVIL APPLICATION NO. 2853 OF 2026 IN FA/3166/2025 SAKHARAM TULSHIRAM SURNAR DIED THROUGH LRS JIJABAI AND ORS.

VERSUS

THE STATE OF MAHARASHTRA THROUGH DIST COLLECTOR NANDED AND ORS.

...

Advocate for Applicants : Mr. Tushar Nagarkar h/f Mr. Nagarkar Kiran M.

AGP for Respondent/s-State : Mr. N. D. Raje.

...

CORAM : SHAILESH P. BRAHME, J.

DATE : 10.03.2026 PER COURT :- 1.

Applicants seek to condone delay of 68 days in setting aside abatement and bringing legal heirs of Sakharam Tulshiram Surnar on record.

2.

The cause of action survives as against the legal heirs of the deceased. They are necessary parties. The delay is not intentional. Delay stands condoned, abatement is set aside. Leave is granted to bring heirs of the deceased on record. 3.

Civil application is allowed accordingly.

(SHAILESH P. BRAHME, J.) ...

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