Devidas Apparao Bahekar (Died Through Lrs) Kesharbai And ORS. v. The State Of Maharashtra Through Collector Jalna And ORS.

2026:BHC-AUG:3122 11-CA.660-26(Delay LRs).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 11 CIVIL APPLICATION NO.660 OF 2026 IN FIRST APPEAL/3593/2022 DEVIDAS APPARAO BAHEKAR DIED THROUGH LRS.

KESHARBAI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Appellant : Mr. Kakade Deepak M. AGP for Respondents-State : Mr. N. D. Raje.

Advocate for Respondent No.3 : Mr. Patnurkar V. D. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 23.01.2026 PER COURT :- 1.

Appellants seek to condone delay of 795 in setting aside abatement and bringing legal heirs of sole claimant Devidas Bahekar on record.

2.

The cause of action survives as against the legal heirs of the deceased. They are necessary parties. There is no oblique motive on the part of the applicants to cause delay. The delay is unintentional.

3.

Civil application is allowed in terms of prayer clauses "A and B".

11-CA.660-26(Delay LRs).odt 4.

Appellant/s shall be at liberty to carry out necessary amendment.

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

vmk/-