SHIVRAM YADAV JADHAV DIED THROUGH LRS SHALUBAI AND ORS. v. THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND ORS.
CA/8534/2025 · 2025-08-25
Shri Shailesh P Brahme
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 23286 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23286 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 52(iii).CA-8536-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 52 CIVIL APPLICATION NO. 8536 OF 2025 IN FA/2067/2025 HANMANT SADHU FADTALE DIED THROUGH LRS NAGNATH DIED THROUGH LRS SHARDABAI AND ORS. VERSUS THE STATE OF MAHARASHTRA THROUGH THE OLLECTOR OSMANABAD AND ORS. … WITH CIVIL APPLICATION NO. 8521 OF 2025 IN FA/2055/2025 WITH CIVIL APPLICATION NO. 8525 OF 2025 IN FA/2059/2025 WITH CIVIL APPLICATION NO. 8529 OF 2025 IN FA/2060/2025 WITH CIVIL APPLICATION NO. 8534 OF 2025 IN FA/2065/2025 WITH CIVIL APPLICATION NO. 8538 OF 2025 IN FA/2069/2025 ... Advocate for Applicants: Mr.Laxmikant C.Patil AGP for Respondent/State : Mr.B.A.Shinde Advocate for Acquiring Body : Mr.A.M.Gaikwad …
CORAM : SHAILESH P. BRAHME, J.
DATE : 25.08.2025 PER COURT : . These applications are filed by original claimants or legal heirs 2025:BHC-AUG:23545
2 52(iii).CA-8536-2025.doc
of sole claimant for bringing heirs of deceased claimants on record. They are praying for condonation of delay and for setting aside abatement also. Following persons who are original claimants died in the respective appeals : SR.NO. C.A.No. F.A.No. Name of Deceased 1 8536/2025 2067/2025 Hanmant Sadhu Fadtale 2 8521/2025 2055/2025 Govind Shriram Gaikwad 3 8525/2025 2059/2025 Kerba Shivram Gaikwad 4 8529/2025 2060/2025 Suryabhan Dhondiba Jadhav 5 8534/2025 2065/2025 Shriram Yadhav Jadhav 6 8538/2025 2069/2025 Kerba Babarao Jadhav
2. The cause of action survives against heirs of the deceased- claimants. The acquiring body should have filed these applications but the claimants are coming forward with such applications.
3. For the reasons stated in the applications, delay needs to be condoned for bringing heirs on record.
4. Civil applications are allowed by condoning the delay, setting aside abatement and directing the parties to bring legal heirs of deceased claimants on record.
5. Both the parties shall be at liberty to carry out amendment.
[ SHAILESH P. BRAHME, J.] vsj..