Maroti Sambhaji Mundhe Died Through Its Lrs Baburao And Others. v. The State Of Maharashtra Through Collector Latur And ANR.

31 FA NO. 996 OF 2013.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 31 FIRST APPEAL NO. 996 OF 2013 Shriram Wamanrao Munde

VERSUS

The State Of Mah And Anr ...

Mr. Eknath G. Irale a/w Mr. H. B. Nandgavale, Advocate for Appellant Mr. D. J. Patil, AGP for Respondents/State Ms. Madhubala Gangwal, Advocate for Acquiring Body Mr. Anil M. Gaikwad, advocate for Acquiring Body WITH CIVIL APPLICATION NO. 13652 OF 2025 IN FA/1880/2013 WITH FIRST APPEAL NO. 1886 OF 2013 WITH FIRST APPEAL NO. 1887 OF 2013 WITH FIRST APPEAL NO. 1884 OF 2013 WITH FIRST APPEAL NO. 999 OF 2013 WITH FIRST APPEAL NO. 1880 OF 2013 WITH FIRST APPEAL NO. 1002 OF 2013 WITH FIRST APPEAL NO. 1000 OF 2013 WITH FIRST APPEAL NO. 1881 OF 2013 WITH FIRST APPEAL NO. 998 OF 2013 WITH FIRST APPEAL NO. 1885 OF 2013 CORAM : SANJAY A. DESHMUKH, J.

DATE : 12.01.2026 PER COURT :- CIVIL APPLICATION NO. 13652 OF 2025 IN FA/1880/2013 1.

Heard.

2.

This is an application for condonation of 196 days delay caused in filing the Civil Application for bringing the legal

(( 2 )) 31 FA NO. 996 OF 2013 representatives of deceased appellant No.1 (Maroti) on record as well as for setting aside abatement.

3.

Learned AGP for the respondent / State and learned Advocate for respondent-Acquiring Body strongly opposed the application and submitted that there is no sufficient reason 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 justice. Hence, the following order:

::ORDER::

a.

The application is allowed by setting aside the abatement.

b.

The delay of 196 caused in filing the Civil Application for bringing the legal representatives of deceased appellant No.1 (Maroti) on record is condoned.

c.

The applicant is directed to amend the appeal memo by bringing the legal representatives of the deceased appellant No.1 (Maroti) on record within two days.

d.

The Civil Application is disposed of.

(( 3 )) 31 FA NO. 996 OF 2013 FIRST APPEALS .

Heard learned advocate for the appellant for sometime. Learned advocate for the appellant submits that it is necessary to go through the Record and Proceedings and for that purpose he seeks time.

2.

Stand over to 14.01.2026 first on board.

[ SANJAY A. DESHMUKH, J. ] HRJadhav