Balasaheb Bhujang Kawade Died Thr Lrs Savita And ORS v. The Ex. Engineer, Osmanabad Minor Irrigation Div. Osmanabad

1 962-CA.12073-25 & ors.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 962 CIVIL APPLICATION NO. 12073 OF 2025 IN FAST/753/2022 BALASAHEB BHUJANG KAWADE DIED THR LRS SAVITA AND OTHERS

VERSUS

THE EX. ENGINEER, OSMANABAD MINOR IRRIGATION DIV. OSMANABAD WITH CIVIL APPLICATION NO. 1360 OF 2022 IN FAST/753/2022 WITH CIVIL APPLICATION NO. 1367 OF 2022 IN FAST/757/2022 WITH CIVIL APPLICATION NO. 1362 OF 2022 IN FAST/750/2022 WITH CIVIL APPLICATION NO. 1355 OF 2022 IN FAST/479/2022 WITH CIVIL APPLICATION NO. 1359 OF 2022 IN FAST/753/2022 WITH CIVIL APPLICATION NO. 1363 OF 2022 IN FAST/747/2022 WITH CIVIL APPLICATION NO. 1368 OF 2022 IN FAST/757/2022 WITH CIVIL APPLICATION NO. 1356 OF 2022 IN FAST/479/2022 WITH CIVIL APPLICATION NO. 12074 OF 2025 IN FAST/753/2022 WITH CIVIL APPLICATION NO. 1364 OF 2022 IN FAST/747/2022 WITH CIVIL APPLICATION NO. 1365 OF 2022 IN FAST/770/2022 WITH CIVIL APPLICATION NO. 1366 OF 2022 IN FAST/770/2022 WITH CIVIL APPLICATION NO. 1361 OF 2022 IN FAST/750/2022 ...

AGP for Respondent/s-State : Mr. S. N. Morampalle. Advocate for Respondent No.1 : Mr. Shamsunder B. Patil. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 07.01.2026 PER COURT :- 1.

Learned counsel Mr. Shamsundar B. Patil submits that cost has been paid. The statement is accepted.

2 962-CA.12073-25 & ors.odt Civil Application No.12073 of 2025 2.

Applicants seek to condone delay in bringing legal heirs of sole applicant Balasaheb Bhujang Kawade on record. The cause of action survives as against legal heirs. They are necessary parties. There are no malafides on their part. The delay stands condoned, abatement is set aside. Legal heirs are permitted to be brought on record. Both parties shall be at liberty to carry out the amendment. Civil application is allowed.

3.

The acquiring body has deposited 75% of the amount with accrued interest in pursuance of the orders passed by this Court.

4.

Ad-interim relief shall stand confirmed.

5.

Civil applications for stay are disposed of accordingly. (SHAILESH P. BRAHME, J.) ...

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