The Executive Engineer, Krishna Khore Mahamandal Ahmendnagar. v. The State Of Maharashtra And Others.

-1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 FIRST APPEAL NO. 568 OF 2014 The Executive Engineer, Krishna Khore Mahamandal

VERSUS

The State of Maharashtra And Another ...

Advocate for Appellant : Mr. Gulab B. Rajale AGP for Respondent No.1: Mr. S.B. Joshi Advocate for Respondent No.2 : Mr. Shubham Jayabhar h/f Mr. D.R.Jayabhar .....

WITH CIVIL APPLICATION NO. 13852 OF 2013 IN FA/567/2014 WITH CIVIL APPLICATION NO. 5034 OF 2016 IN FA/566/2014 WITH CIVIL APPLICATION NO. 1170 OF 2026 IN FA/496/2014 WITH FIRST APPEAL NO. 565 OF 2014 WITH FIRST APPEAL NO. 569 OF 2014 WITH CIVIL APPLICATION NO. 13855 OF 2013 IN FA/565/2014 WITH FIRST APPEAL NO. 567 OF 2014 WITH FIRST APPEAL NO. 570 OF 2014 WITH CIVIL APPLICATION NO. 13846 OF 2013 IN FA/570/2014 WITH CIVIL APPLICATION NO. 13848 OF 2013 IN FA/569/2014 WITH FIRST APPEAL NO. 496 OF 2014

-2WITH CIVIL APPLICATION NO. 13857 OF 2013 IN FA/496/2014 WITH FIRST APPEAL NO. 566 OF 2014 WITH CIVIL APPLICATION NO. 13844 OF 2013 IN FA/566/2014 .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 30th JANUARY, 2026 PER COURT :- 1.

The civil application No.1170 of 2026 is filed for bringing the legal representatives of deceased Vithabai Kacharu Pawar on record, for which delay of 1626 days is caused. Perused the application. Heard learned advocates for both sides. From the contents of application, it appears that the delay is not caused deliberately and therefore, the delay deserves to be condoned in the interest of justice. The abatement deserves to be set aside and the application deserves to be allowed. Thus, the application is allowed in terms of prayer clauses B and C.

2.

Amendment to be carried out within a week from today. If the amendment is not carried with the aforesaid period, the applicant to pay costs of Rs.1000/- to be deposited in the High Court Legal Services Sub Committee, Aurangabad and thereafter carry out the amendment on or before 13.02.2026.

-33.

In so far as the civil applications for stay is concerned, learned advocate for the applicant-acquiring body submitted that the amount under award is deposited in the matters. In view of the same, the civil applications filed for stay are allowed in terms of prayer clause "B" and disposed of.

4.

List the first appeals on 06.02.2026.

5.

Learned advocate Mr. Jayabhar for the appellant submitted that in first appeal Nos. 568 of 2014, 496 of 2014, 569 of 2014, 567 of 2014 and 566 of 2014, the respondents - claimants have taken no objection to file Vaklatnama of another advocate. Learned advocate to file proof or the affidavit alongwith the pursis in respect of his statement, on or before 06.02.2026. It is clarified that even if such affidavit and/or pursis is filed, this court will not issue notice to the claimants again and the matter will be heard and decided on merits in absence of respondents concerned.

(SANJAY A. DESHMUKH, J.) rlj/