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2026 DAILYLAW 16736 (BOM)

ATUL ARUN MAHAJAN AND ORS v. THE STATE OF MAHARASHTRA THR THE COLLECTOR, OSMANABAD AND ORS

CA/5577/2025 · 2026-10-07

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Judgment text

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1 917 FA 491 OF 2020 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 917 FIRST APPEAL NO. 491 OF 2020 WITH CIVIL APPLICATION NO. 5577 OF 2025 IN FA/491/2020 ATUL ARUN MAHAJAN AND ANR VERSUS THE STATE OF MAHARASHTRA AND ORS ... Ms. Rekha Choudhari h/f. Mr. S. S. Choudhary, Advocate for Appellants Mr. K. B. Jadhavar, AGP for Respondent Nos.1 and 2 – State … CORAM : AJIT B. KADETHANKAR, J. DATED : 7th October 2026 P.C. :- CIVIL APPLICATION NO. 5577 OF 2025 . In the First Appeal filed by the appellants seeking enhancement in the compensation, it is apprised by the learned Advocate for the appellants that appellant No.2 namely Vikram Khanderao Chede is no more. Hence, this application is filed to bring on record legal representatives of deceased appellant No.2. There is short delay of 235 days caused in filing this application. The reasons explaining the delay are well described in paragraph Nos.3 to 6 of the 2026:BHC-AUG:47022 2 917 FA 491 OF 2020 application. The right of deceased appellant No.2 is devolved upon his legal representatives who have legitimate right to continue prosecution of the appeal. 2. For the reasons stated in the application, the same is allowed. Delay caused in filing the application stands condoned. Abatement, if any, is quashed and set aside. 3. Within two weeks from today, the appellants shall amend the title clause of the appeal memo and applications therein, if any, by incorporating the names of appellant Nos.2-A to 2-D as legal representatives of deceased appellant No.2. 4. After the amendment is carried out, the matter be placed for admission. ( AJIT B. KADETHANKAR, J. ) PRW