← Library
Bombay High CourtCA/1773/2026allowed to be withdrawn at admission stage

The State Of Maharashtra And Others v. Sidramappa Nagappa Mashalkar Died Through His Legal Repr. Mahananda And ORS.

2026-02-10Hon'Ble Shri Justice Sanjay A. Deshmukh3 pages

917 CA NO. 9034 OF 2014.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 917 CIVIL APPLICATION NO. 9034 OF 2014 IN FAST/19892/2014 The State Of Maharashtra And Others

VERSUS

Sidramappa Nagappa Mashalkar ...

Mr. V. V. Jahagirdar, Advocate for Applicant/State WITH CIVIL APPLICATION NO. 9035 OF 2014 IN FAST/19892/2014 WITH CIVIL APPLICATION NO.1773 OF 2026 IN FAST/19892/2014 ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 10.02.2026 PER COURT :- CIVIL APPLICATION NO.1773 OF 2026 IN FAST/19892/2014 1.

Not on board. Upon being mentioned, taken on board. 2.

Heard.

3.

This is an application for condonation of 4240 days delay caused in filing the Civil Application for bringing the legal representatives of deceased sole respondent Sidramappa Nagappa Mashalkar on record as well as for setting aside abatement.

(( 2 )) 917 CA NO. 9034 OF 2014 4.

Perused the application. Considering the reasons stated therein, it appears that the delay is not deliberately caused. Hence, the application deserves to be allowed in the interest of justice. Hence, the following order:

::ORDER::

a.

The application is allowed by setting aside the abatement.

b.

The delay of 4240 days caused in filing the Civil Application for bringing the legal representatives of deceased respondent Sidramappa Nagappa Mashalkar on record is condoned.

c.

The applicant is directed to amend the appeal memo and civil applications by bringing the legal representatives of the deceased respondent on record within a period of one week.

d.

The Civil Application is disposed of.

APPLICATION FOR DELAY .

Issue notice to the legal representatives of deceased respondent, returnable on 07.04.2026.

APPLICATION FOR STAY 1.

This is an application seeking stay to the execution and

(( 3 )) 917 CA NO. 9034 OF 2014 operation of the impugned judgment and award. 2.

Issue notice to the legal representatives of deceased respondent, returnable on 07.04.2026.

3.

Till then, there shall be ad-interim-stay to the execution and operation of the impugned judgment and award on condition that appellant shall deposit the entire amount under impugned judgment and award with the Registry of this Court within eight weeks from today.

4.

If the award amount is not deposited within the stipulated period, ad-interim-stay granted by this Court shall be vacated without further reference to this Court.

[ SANJAY A. DESHMUKH, J. ] HRJadhav