Sheshabai Dharmanath Ghule Since Deceased Thr. Lrs. Vijay Dharmanath Ghule And ORS. v. The State Of Maharashtra Thr. The Competent Authority And Sub Divisional Officer And ORS.

73-FA-1470-2025=.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1470 OF 2025 WITH INTERIM APPLICATION NO. 370 OF 2026 Digitally signed by UDAY SHIVAJI JAGTAP Date:

2026.06.12 16:16:49 +0530 UDAY SHIVAJI JAGTAP IN FIRST APPEAL NO. 1470 OF 2025 Smt. Sheshabai Dharmanath Ghule ... Appellant

Versus

The State of Maharashtra Through The Competent Authority And Sub Divisional Officer And Ors. ... Respondent .............

Mr. Shankar Katkar for the Appellant.

Mr. J.P. Patil, AGP for the Respondent No.1 - State. .............

CORAM : SHAILESH P. BRAHME, J.

DATE : 11th JUNE, 2026 P. C. :

INTERIM APPLICATION NO. 370 of 2026 .

By this application, the applicant seeks to condone the delay of 93 days in setting aside abatement and bringing legal heirs of sole applicant - Sheshabai Dharmanath Ghule on record.

2.

There is no mala fides in preferring the appeal belatedly. The cause of action survives as against the heirs of sole applicant - original claimants.

Uday S. Jagtap 1 of

73-FA-1470-2025=.doc 3.

For the reasons recorded in the application, the delay stands condoned. Abatement is set aside.

4.

Leave is granted to bring the legal heirs on record. FIRST APPEAL NO. 1470 OF 2025 .

Issue notice to the respondent Nos. 1 to 3, who are the contesting parties, returnable on 09.07.2026.

2.

Learned AGP waives service for respondent No.1. 3.

The parties would be at liberty to file compilation of documents. 4.

An endavour shall be made to decide the appeal finally at the admission stage on the next date.

( SHAILESH P. BRAHME, J. ) Uday S. Jagtap 2 of