Manik Sakharam Devkate Deceased Thr Lrs Gayabai And Others v. The State Of Mah And ORS

921 CA NO. 2672 OF 2026.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 921 CIVIL APPLICATION NO. 2672 OF 2026 IN FA/790/2009 Manik Sakharam Devkate Deceased Thr Lrs Gayabai And Others

VERSUS

The State Of Mah And Ors ...

Mr. Patil Nileshsingh J, Advocate for Applicant Mr. S. B. Jadhav, AGP for Respondents/State ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 07.03.2026 PER COURT :- 1.

Leave to correct the surname of applicant No.4. Amendment be carried out forthwith.

2.

This is the application for condonation of 812 days delay caused in filing the Civil Application for bringing the legal representatives of deceased appellant Manik Sakharam Devkate on record as well as for setting aside abatement. 3.

Learned AGP for the respondent / State strongly opposed the application.

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

(( 2 )) 921 CA NO. 2672 OF 2026 justice. Hence, the following order:

::ORDER::

a.

The application is allowed by setting aside the abatement.

b.

The delay of 812 caused in filing the Civil Application for bringing the legal representatives of deceased appellant Manik Sakharam Devkate on record is condoned.

c.

The applicant is directed to amend the appeal memo by bringing the legal representatives of the deceased appellant on record within a period of one week from today.

d.

The Civil Application is disposed of.

[ SANJAY A. DESHMUKH, J. ] HRJadhav