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Bombay High CourtCA/13773/2025admittedallowedgrantedrule absolute

City And Industrial Development Corporation Ltd., Aurangabad Thr Its Administrator v. Bhaudu @ Sheshrao S/O Bhagaji Vidhate Died Through Lrs Smt. Radha And ORS.

2026-01-17Hon'Ble Shri Justice Shailesh P. Brahme1 pages

2026:BHC-AUG:1965 82 CA 13773 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 82 CIVIL APPLICATION NO. 13773 OF 2025 IN FA/3267/2021 CITY AND INDUSTRIAL DEVELOPMENT CORPORATION LTD., AURANGABAD THR ITS ADMINISTRATOR

VERSUS

BHAUDU @ SHESHRAO S/O BHAGAJI VIDHATE DIED THROUGH LRS SMT. RADHA AND ORS.

...

Advocate for Applicant : Mr. Ramraje Deshmukh h/f Mr. Deshmukh Shambhuraje V.

AGP for Respondent No. 2/State : Mr. N.D. Raje ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 17.01.2026 PER COURT :

The applicant seeks to condone delay in setting aside abatement and bringing legal heirs of deceased respondent no. 1 Bhavadu Bhagaji Vidhate. The application has been preferred on the basis of the information supplied by the learned counsel for respondent no. 1. The cause of action survives against the legal heirs of respondent no. 1. They are necessary parties. The delay is unintentional.

2.

The delay stands condoned. Abatement is set aside and parties are permitted to bring legal heirs of respondent no. 1 on record. ( SHAILESH P. BRAHME, J.) mkd/- 1/1