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Bombay High CourtCA/2874/2026admittedallowedgrantedrule absolute

Tukaram Pandurang Suraywanshi Died Thr Lrs Smt. Lalita And ORS. v. The Stae Of Maharashtra Through The Collector Nanded And ORS.

2026-03-11Hon'Ble Shri Justice Shailesh P. Brahme2 pages

53 to 55.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 53 CIVIL APPLICATION NO. 2864 OF 2026 IN FA/2081/2023 Tukaram Pandurang Suraywanshi Died Thr Lrs Smt. Lalita And Ors.

VERSUS

The State Of Maharashtra Thr Collector Nanded And Ors. WITH FIRST APPEAL NO. 2081 OF 2023 Tukaram Pandurang Suraywanshi

VERSUS

The State Of Maharashtra And Ors 54 CIVIL APPLICATION NO. 2871 OF 2026 IN FA/1947/2023 Tukaram Pandurang Suraywanshi Died Thr His Lrs Smt. Lalita And Ors.

VERSUS

The State Of Maharashtra Thr The Collector Nanded And Ors. 55 CIVIL APPLICATION NO. 2874 OF 2026 IN FA/2034/2023 Tukaram Pandurang Suraywanshi Died Thr Lrs Smt. Lalita And Ors.

VERSUS

The State Of Maharashtra Through The Collector Nanded And Ors. ...

Ms. L. R. Thakur h/f Mr. L. C. Patil, Advocate for Applicants Mr. S. N. Morampalle, Mr. N. D. Raje, Mr. V. V. Jahagirdar, AGP for Respondent Nos. 1 and 2 Mr. V. P. Narwade, Advocate for Respondent No. 3 *** CORAM : SHAILESH P. BRAHME, J DATE : MARCH 11, 2026

53 to 55.odt PC :

CIVIL APPLICATION FOR LR'S 1.

These appeals have been preferred by Claimant Tukaram Pandurang Suryawanshi, who is passed away. Hence, three distinct applications for condonation of delay in setting aside abatement and bringing legal heirs on record have been filed. 2.

The cause of action survives as against heirs of deceased Tukaram Pandurang Suryawanshi. They are necessary parties. There is no reason to infer any oblique motive for causing delay in taking steps. The delay stands condoned. Abatement is set aside. Leave is granted to bring legal heirs on record. Amendment shall be carried out. FIRST APPEALS 3.

Issue notice to Respondents for final disposal at admission stage, returnable on 15.04.2026. Learned AGP waives service of notice for Respondent nos. 1 and 2/State. Mr. Narwade, learned Counsel, waives service of notice for Respondent No. 3. 4.

It is indicated that matter shall be decided on next date. 5.

Call record and proceedings.

(SHAILESH P. BRAHME, J.) usm