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Bombay High CourtCA/13783/2025admittedallowedgrantedrule absolute

Sahebrao Haribhau Matre (Died) T/H L.Rs. Ambadas Sahebrao Matre v. The State Of Maharashtra T/H The Collector, Beed And Another

2026-01-13Hon'Ble Shri Justice Shailesh P. Brahme4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 66 CIVIL APPLICATION NO. 4215 OF 2025 IN FAST/9022/2025 THE EXECUTIVE ENGINEER BEED IRRIGATION DIVISION BEED THRO GMIDC AURANGABAD

VERSUS

SAHEBRAO HARIBHAU MATARE AND ORS WITH CIVIL APPLICATION NO. 4234 OF 2025 IN FAST/9032/2025 WITH CIVIL APPLICATION NO. 4204 OF 2025 IN FAST/9035/2025 WITH CIVIL APPLICATION NO. 4237 OF 2025 IN FAST/9038/2025 WITH CIVIL APPLICATION NO. 4203 OF 2025 IN FAST/9035/2025 WITH CIVIL APPLICATION NO. 4210 OF 2025 IN FAST/9012/2025 WITH CIVIL APPLICATION NO. 4212 OF 2025 IN FAST/9012/2025 WITH CIVIL APPLICATION NO. 4236 OF 2025 IN FAST/9028/2025 WITH CIVIL APPLICATION NO. 4233 OF 2025 IN FAST/9032/2025 WITH CIVIL APPLICATION NO. 4216 OF 2025 IN FAST/9022/2025 WITH CIVIL APPLICATION NO. 4213 OF 2025 IN FAST/9016/2025 WITH CIVIL APPLICATION NO. 4214 OF 2025 IN FAST/9016/2025 WITH CIVIL APPLICATION NO. 4199 OF 2025 IN FAST/9408/2025 WITH CIVIL APPLICATION NO. 4239 OF 2025 IN FAST/9038/2025 WITH CIVIL APPLICATION NO. 13783 OF 2025 IN FAST/9022/2025 WITH CIVIL APPLICATION NO. 4197 OF 2025 IN FAST/9025/2025 WITH CIVIL APPLICATION NO. 4198 OF 2025 IN FAST/9025/2025 WITH CIVIL APPLICATION NO. 13299 OF 2025 IN FAST/9025/2025 WITH

CIVIL APPLICATION NO. 4235 OF 2025 IN FAST/9028/2025 WITH CIVIL APPLICATION NO. 4207 OF 2025 IN FAST/9019/2025 WITH CIVIL APPLICATION NO. 4208 OF 2025 IN FAST/9019/2025 WITH CIVIL APPLICATION NO. 4200 OF 2025 IN FAST/9408/2025 ...

Advocate for Applicant/Acquiring Body : Ms. Vaishali S. Swami h/f Mr. Swami Mahesh C.

AGP for Respondent/s-State : Mr. S. N. Morampalle. Advocate for Respondents/Claimants : Mr. Jeevan V. Khandagale.

...

CORAM : SHAILESH P. BRAHME, J.

DATE : 13.01.2026 PER COURT :- 1.

Learned counsel Mr. Savant V. P. appearing for respondent/claimant seeks to withdraw his appearance as another lawyer has caused appearance. Appearance of Mr. Savant stands discharged.

2.

Learned counsel for the acquiring body seeks further time to deposit the amount. Time of eight (8) weeks is granted to deposit the amount.

3.

Ad-interim relief granted earlier, if any to continue till next date.

Civil Application No. 13299 of 2025 4.

Applicant seeks to condone delay in setting aside abatement and bringing legal heirs of deceased applicant No.2A Abhiman s/o. Shamrao Nakhate.

5.

The cause of action survives as against the legal heirs. They are necessary parties. The delay stands condoned, abatement is set aside. Legal heirs are permitted to be brought on record.

6.

Both parties shall be at liberty to carry out necessary amendment.

7.

Civil Application is allowed.

Civil Application No.13783 of 2025 8.

Applicants seek to condone delay in setting aside abatement and bringing legal heirs of deceased Sahebrao s/o. Haribhau Matre on record.

9.

The cause of action survives as against the legal heirs. They are necessary parties. The delay is unintentional. The delay stands condoned, abatement is set aside. Legal heirs are permitted to be brought on record.

10.

Both parties shall be at liberty to carry out necessary amendment.

11.

Civil Application is allowed.

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

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