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Bombay High CourtIA/828/2026allowed

Viraswani Bhairayya Kodakanti Through His Constituted Attorney v. The State Of Maharashtra Through The Revenue Minister And ORS.

2026-02-03Hon'Ble Shri Justice Milind N. Jadhav2 pages

22.WP.10282.2018.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10282 OF 2018 Viraswami Bhairayya Kodakanti through his Constituted Attorney Ramesh Yadgiri Kontham .. Petitioner

Versus

The State of Maharashtra and Ors.

.. Respondents WITH INTERIM APPLICATION NO.828 OF 2026 IN WRIT PETITION NO.10282 OF 2018 ....................

 Mr. Nikhil N. Wadikar a/w. Mr. Kastur P. Patil and Mr. Parth Katira, Advocates i/by Mr. Nandu Pawar for Petitioner.  Mr. A. I. Patel, Additional Government Pleader a/w. S. R. Crasto, AGP for Respondent - State.

...................

CORAM

: MILIND N. JADHAV, J.

DATE : FEBRUARY 03, 2026 P.C.

:

1.

Heard Mr. Wadikar, learned Advocate for Petitioner and Mr. Patel, learned Additional Government Pleader for Respondent - State. 2.

Original Petitioner has expired in the interregnum. Interim Application has been filed for bringing on record his legal heirs. 3.

For the reasons mentioned in the Application, Interim Application stands allowed in terms of prayer clauses (b) and (c) which read thus:- "b.

This Hon'ble Court may be pleased to permit amendment of the Petition and direct the Petitioner to implead the Applicants as the legal heirs of the deceased Petitioner, namely Viraswami

22.WP.10282.2018.doc Bhairayya Kodkanti;

c.

This Hon'ble Court may be pleased to set aside abatement of the proceeding if any against the deceased Petitioner i.e., Viraswami Bhairayya Kodakanti."

4.

Delay, if any stands condoned. Abatement, if any stands set aside in the interest of justice.

5.

Necessary amendment is permitted to be carried out as per cause title for bringing legal heirs of deceased Petitioner on record within a period of one week from today. Reverification stands dispensed with.

6.

With the above directions, Interim Application is disposed. H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date: 2026.02.04 10:59:45 +0530 HARSHADA HANUMANT SAWANT