THE EX. ENGINEER, M.I.D., JALNA THR G.M.I.D.C., AURANGABAD v. VISHNU SHANKAR PADOL AND ORS
CA/13176/2023 · 2025-12-18
Shri Shailesh P Brahme
body2025
DailyLaw.ai
[ 2025 DAILYLAW 68459 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 68459 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 85-CA.11465-25 & ors.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 85 CIVIL APPLICATION NO. 11465 OF 2025 IN FAST/26379/2023 VISHNU SHANKAR PADOL DIED THROUGH LRS 1 SHANKAR TARUBA PADOL VERSUS 1 THE STATE OF MAHARASHTRA THROUGH COLLECTOR COLLECTOR OFFICE CIVIL APPLICATION NO. 13176 OF 2023 IN FAST/26379/2023 WITH FIRST APPEAL NO.2115/2024 ... Advocate for Applicants : Mr. Sachin Bhalerao h/f Mr. Ajeet Babanrao Kale. AGP for Respondent/s-State : Mr. N. R. Dayma. Advocate for respective Respondents/Acquiring Body : Ms. Vaishali S. Swami h/f Mr. Mahesh C. Swami. ...
CORAM : SHAILESH P. BRAHME, J.
DATE : 18.12.2025 PER COURT
:-
1. Heard learned counsels for the respective parties.
2. Applicant seeks condonation of delay of 744 in bringing legal heirs of Vishnu Shankar Padol. The cause of action survives as against legal heirs. There are no malafides on the part of the applicants. The delay stands condoned, abatement is set aside and legal heirs of deceased/claimant are permitted to be brought on record.
3. Civil Application No.11465 of 2025 is allowed. 2025:BHC-AUG:36711
2 85-CA.11465-25 & ors.odt
4. Both sides shall be at liberty to carry out amendment. Civil Application for Delay
5. Applicant/acquiring body seeks to condone delay of 288 days in preferring appeal. The grounds have not been objected by the respondents. There are no malafides on the part of the applicant. The delay stands condoned.
6. Civil Application No.13176 of 2023 is allowed. First Appeals
7. Admit.
8. Learned AGP waives service of notice for respondents- State. Learned counsel Mr. Bhalerao holding for Mr. Kale waives service of notice for respondents/claimants.
9. Call for Record and Proceedings from the concerned Court.
10. Print is dispensed with.
(SHAILESH P. BRAHME, J.) ... vmk/-