Gitabai Girjaba Pandav Through The Legal Representatives Sarubai W/O Girjaba Pandav v. The Executive Engineer Minor Irrigation Division No 1 Aurangabad

2026:BHC-AUG:6165 34-CA.1642-26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 34 CIVIL APPLICATION NO. 1642 OF 2026 IN FA/552/2025 GITABAI GIRJABA PANDAV THROUGH THE LEGAL REPRESENTATIVES SARUBAI W/O GIRJABA PANDAV

VERSUS

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION NO 1 AURANGABAD ...

Advocate for Applicant : Mr. Bide Dnyaneshwar A. AGP for Respondent/s-State : Mr. N. D. Raje.

Advocate for Respondent No.1 : Mr. B. R. Survase. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 11.02.2026 PER COURT :- 1.

Appellants seek to condone delay of 1186 days in setting aside abatement and bringing legal heirs of deceased Gitabai Girjaba Pandav on record.

2.

The heirs are already on record and by order dated 04.12.2025 permission was also granted to disburse the amount.

3.

The cause of action survives as against the legal heirs of the deceased. They are necessary parties. The delay is not intentional. The delay stands condone, abatement is set aside. 4.

Civil application is allowed in terms of prayer clauses "B" to "F".

34-CA.1642-26.odt 5.

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

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

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