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2026 DAILYLAW 7099 (BOM)

DR ABDUL GAFOOR S/O ABDUL SUKUR AND ORS. v. THE STATE OF MAHARASHTRA, THROUGH DISTRICT COLLECTOR, COLLECTOR OFFICE, NANDED AND ORS.

CA/9964/2026 · 2026-08-31

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 32 CIVIL APPLICATION NO. 9964 OF 2026 IN FA/184/2010 DR ABDUL GAFOOR S/O ABDUL SUKUR AND ORS. VERSUS THE STATE OF MAHARASHTRA, THROUGH DISTRICT COLLECTOR, COLLECTOR OFFICE, NANDED AND ORS. ... Advocate for Applicant : Mr. S.S. Kurundkar AGP for Respondent/State : Mr. S.N. Morampalle ... CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : August 31, 2026 PER COURT :- 1. By this application, the applicants are seeking permission to bring on record the legal heirs of appellant No. 2 and further seeks to condone the delay caused in filing the application by setting aside the abatement, if any. This application is filed in disposed of matter. 2. The learned counsel for the applicants submits that when this court heard the matter, he was not aware about the fact that the appellant No. 2 in the appeal was no more and after passing the order, when the order was communicated, he came to know that appellant No. 2 was dead. Therefore, the applicants filed present application along with copy of heirship certificate issued by the 3rd Jt. Civil Judge, Junior Division, Nanded. 3. Considering the above, the application is allowed in terms of prayer clause ’ B’ and ‘C’. Applicants to carry out the amendment in the first appeal. Delay, if any, is condoned. Abatement, if any, is set aside. ( SIDDHESHWAR S. THOMBRE, J. ) ssc/ 2026:BHC-AUG:40066