Padam Pitambar Rathod Died Through Lrs Kalibai And ORS. v. The Ex. Engineer, Minor Irrigation Division, Jalgaon And ORS.

2026:BHC-AUG:4678 (1) 923ca1422.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 CIVIL APPLICATION NO. 1422 OF 2026 IN FAST/40405/2019 PADAM PITAMBAR RATHOD DIED THROUGH LRS KALIBAI AND ORS.

.....Applicant

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION DIVISION, JALGAON AND ORS.

.....Respondents Mr. Akash E. Madne, Advocate h/ f Mr. A. B. Kale, Advocate for the applicants Mr. C. T. Jadhav, Advocate for the respondent No.1 Mr. V. K. Kotecha, APP for the respondents CORAM : RAJNISH R. VYAS, J.

DATE : 03rd FEBRUARY, 2026 PER COURT :

1.

This is an application for condonation of 452 days delay caused in bringing the legal heirs on record and setting aside the abatement order.

2.

For the reasons stated in the application, the application is allowed. The delay in preferring the application for bringing legal heirs of deceased Padam Pitambar Rathod on record is condoned. Abatement order is set aside.

3.

Legal heirs be brought on record within two weeks from today.

[RAJNISH R. VYAS, J. ] VishalK/923ca1422.26