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Bombay High CourtCAW/817/2026ca disposed off

Vithoba S/O Bhiwaji Bhoore v. State Of Maha. Thr. The Collector, Bhandara And Others

2026-04-22Hon'Ble Justice Urmila Joshi Phalke , Hon'Ble Justice Nivedita Prakash Mehta2 pages

1 2-CA-817-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAW) NO. 817/2026 IN WRIT PETITION NO. 1644/2016 Vithoba S/o Bhiwaji Bhoore and others Vs. State of Maharashtra through the Collector, Bhandara and others WITH WRIT PETITION No. 1645/2016 LRs of Suman Raoji Sapate and others Vs. Union of India Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Dr. A.H. Jamal, Advocate for petitioner Mr. S.S. Hulke, AGP for Respondent Nos.1 to 3 Ms. N.G. Chaubey, Advocate for Respondent No.1(A) CORAM: URMILA JOSHI PHALKE AND NIVEDITA P. MEHTA, JJ.

DATED : 22.04.2026 By this application, the petitioner is seeking deletion of name of the petitioner No.3(i) with the contention that all the legal heirs are already on record. He be permitted to delete the name of the petitioner No.3(i). Amendment be carried out forthwith and amended copy be placed on record.

CIVIL APPLICATION (CAW) NO. 834/2026 IN W.P. NO. 1645/2016 1.

By this application, the applicant is seeking condonation of delay of 1385 days in bringing the legal heirs on record and setting aside abatement order as well as seeking permission to bring the legal heirs on record. It is submitted by him that the legal heirs were

2 2-CA-817-2026.odt not aware about the pendency of this petition and therefore, they could not approach to this Court and, therefore, delay is caused.

2.

Considering the reasons mentioned in the application, which appears to be satisfactory and reasonable one. The delay of 1385 days is hereby condoned, subject to the costs of Rs. 2000/-. 3.

Abatement order is hereby set aside and the petitioner is permitted to bring on record the legal heirs of petitioner No. 3 (i) within two weeks from today. 4.

Cost be deposited in the 'Public Welfare Account' bearing No.129712010001014, IFSC Code UBIN0812978 with Union Bank of India, Branch High Court, Civil Lines, Nagpur.

5.

List the matters after summer vacation.

(NIVEDITA P. MEHTA,J.) (URMILA JOSHI PHALKE, J.) MP Deshpande Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 22/04/2026 19:29:55