Dhondiram Balaji Bilapatte Died Thr Lrs. Aniruddha Dhondiram Billapatte And ORS v. The State Of Maharashtra Through The Collector Latur And ANR

2025:BHC-AUG:12301 1 942(i).CR.APP-3194-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 942 CIVIL APPLICATION NO. 3194 OF 2025 IN X-OBJST/20533/2011 DHONDIRAM BALAJI BILAPATTE DIED THR LRS. ANIRUDDHA DHONDIRAM BILLAPATTE AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND ANR .....

Advocate for Applicants : Mr. Halkude S.S.

AGP for Respondent/State : Mr.S.M.Ganachari ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 25th APRIL 2025 PER COURT :

.

This application is for condonation of delay, setting aside abatement and bringing legal heirs of the applicant-Dhondiram Balaji Bilapatte on record who is sole claimant.

2.

First appeal is preferred by the acquiring body challenging judgment and award of the reference court. Cross objections preferred by the claimant Dhondiram Balaji Bilapatte died on 03.09.2017. His heirs as shown in the cause title of the application are seeking substitution. The cause of action survives against them. Appeal and the cross-objections are yet to be heard finally. I propose to adopt the pragmatic approach. Considering the overall circumstances and the reasons stated in paragraph Nos.3 and 4, I

2 942(i).CR.APP-3194-2025.doc propose to condone the delay and permit them to be substituted. 3.

Civil application is allowed in terms of prayer clause 'B'. [ SHAILESH P. BRAHME, J.] vsj..