1 943 (i).CA.4371-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 4371 OF 2025 IN FA/450/2003 THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALGAON AND ANR VERSUS ISMAIL KHAN USUF KHAN DIED THR. LRS. AMINABI W/O ISMAIL KHAN (DIED) THR LRS. JAFAR AND ORS ... AGP for Applicants : Mr. K.K. Naik … CORAM : SHAILESH P. BRAHME, J. DATE : 17th APRIL 2025 PER COURT : . This application is for condonation of delay and bringing heirs of sole Respondent. 2. Learned AGP adverts my attention to Paragraph Nos. 4 and 5 for condonation of delay. Applicants were not aware of the death of sole Respondent. After receiving information, steps are taken and application is filed. He, therefore, prays for condonation of delay. 3. The cause of action survives against the heirs of Respondent. They are necessary party. First Appeal is yet to be decided on merits. For the reasons stated in Paragraph Nos. 4 and 5 of the application, I am inclined to condone delay. 2025:BHC-AUG:11391 2 943 (i).CA.4371-2025.doc 4. The Civil Application is allowed in terms of prayer clause ‘B’ and ‘C’. 5. Applicants shall carry out the amendment within two weeks. SHAILESH P. BRAHME JUDGE NAJEEB..