1 24-CA.12729-25.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 24 CIVIL APPLICATION NO. 12729 OF 2025 IN FAST/35226/2019 MADHUKAR SHRIPAT GADHAVE DIED THR LRS BEBABAI AND ORS VERSUS THE STATE OF MAHARASHTRA AND ANR ... Advocate for Applicants : Mr. Rodge S. N. AGP for Respondent/s-State : Mr. N. D. Raje. ... CORAM : SHAILESH P. BRAHME, J. DATE : 13.01.2026 PER COURT :- 1. Heard both sides. 2. Applicants seek to condone delay of 1228 days in setting aside abatement and bringing legal heirs of sole claimant Madhukar Shripat Gadhve on record. 3. The cause of action survives as against the legal heirs. They are necessary parties. The delay is unintentional. The delay stands condoned, abatement is set aside and leave is granted to bring legal heirs of deceased claimant on record. 4. Civil application is allowed. 5. Both parties shall be at liberty to carry out necessary amendment. 2 24-CA.12729-25.odt First Appeal 6. Admit. 7. Learned AGP waives service of notice for respondent No.1/State. 8. Call for Record and Proceedings from the concerned Court. 9. Print is dispensed with. (SHAILESH P. BRAHME, J.) ... vmk/-