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2026 DAILYLAW 19964 (BOM)

BABAN KRUSHNA KUDALE DIED THROUGH LRS SIMINTA BABAN KUDALE AND ORS. v. THE STATE OF MAHARASHTRA THROUGH THE DIST COLLECTOR AT OSMANABAD AND ORS.

CA/3560/2026 · 2026-10-12

body2026

Judgment text

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1 13-ca-3560-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 3560 OF 2026 IN FAST/16832/2020 Baban Krushna Kudale Died Through Lrs Siminta Baban Kudale And Ors. VERSUS The State Of Maharashtra Through The Dist Collector At Osmanabad And Ors. ... Ms. Laxmi R. Thakur h/f Mr. L. C. Patil, Advocate for Applicants Mr. B. V. Virdhe, AGP for Respondent-State Mr. S. P. Sonpawale, Advocate for appellant in FA. ... WITH CIVIL APPLICATION NO. 3274 OF 2021 IN FAST/16832/2020 WITH CIVIL APPLICATION NO. 3273 OF 2021 IN FAST/16832/2020 WITH CIVIL APPLICATION NO. 3558 OF 2026 IN FAST/16832/2020 ….. CORAM : AJIT B. KADETHANKAR, J. DATED : 12TH OCTOBER, 2026 P.C. :- . At the outset, it is submitted that as against the judgment and award passed by the Reference Court, the Acquiring Body has filed this First Appeal. The First Appeal was filed through learned Advocate Mr. Ranjit B. Gaikwad. It is apprised that unfortunately during pendency of the First 2 13-ca-3560-2026 Appeal, Mr. Ranjit B. Gaikwad, learned Advocate is no more. This Court therefore requested Mr. S. P. Sonpawale, Senior Panel Advocate for the Acquiring Body to mark his presence. He submits that he shall appear on behalf of Acquiring Body and argue the matter. 2. Registry is directed to mark appearance of Mr. S. P. Sonpawale, learned Advocate for the Acquiring Body in the First Appeal and the applications therein. CIVIL APPLICATION NO. 3560 OF 2026 . This application is filed with a composite prayer by the legal representatives of deceased sole respondent/claimant Baban Kudale. It is contended that during pendency of the First Appeal, the sole respondent namely Baban Krushna Kudale died leaving behind him present applicant nos.1 to 6 as his legal representatives. For want of knowledge of the pendency of the present proceeding, the application could not be filed earlier which resulted in the delay. 2. For the reasons stated in the Civil Application, the same deserves to be allowed. Hence, the following order: 3 13-ca-3560-2026 ORDER a. Civil Application stands allowed. b. The delay of 2553 days caused in filing the present application is hereby condoned. c. Abatement if any, is set aside. d. Appellants are directed to amend the title clause of the First Appeal and the applications therein by deleting the name of deceased Baban Krushna Kudale and by incorporating the names of present applicants as his legal representatives. e. Amendment be carried out within a period of four weeks from today. f. Applicant nos.1 to 6 are permitted to carry the cause on behalf of deceased sole claimant. ( AJIT B. KADETHANKAR, J. ) Rushikesh/2026