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2026 DAILYLAW 8289 (BOM)

MAHADEO ANNAPPA BADURE AND ORS. v. THE STATE OF MAHARASHTRA THROUGH DISTRICT COLLECTOR, OSMANABAD AND ANR.

CA/9968/2026 · 2026-09-04

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Judgment text

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9-CA-9968-2026.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 9 CIVIL APPLICATION NO. 9968 OF 2026 IN FA/2379/2010 Mahadeo Annappa Badure And Others VERSUS The State Of Maharashtra Through District Collector, Osmanabad And Another …… Mr. S.N. Patil, Advocate h/f Mr. S.P. Urgunde, Advocate for the Applicants Mr. A.D. Wange, AGP for Respondent No.1-State …… CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 04 SEPTEMBER, 2026 PER COURT : 1. By this application, the applicants seek to bring the legal heirs/legal representatives of applicant/appellant No.5 on record by condoning the delay caused in bringing them on record and also seek to set aside the abatement. It is submitted that, while deciding First Appeal No.2379 of 2010, the fact that applicant/appellant No.5 was reported to have died was not brought to the notice of this Court. The present application has, therefore, been filed seeking the aforesaid reliefs. 2. Considering the averments made in the application, the Civil Application is allowed in terms of prayer clause ‘A’, which reads thus: “A. The delay of 1576 days caused for bringing legal heirs/representatives of the applicant No.5 may kindly be taken on record as sated in title clause in the interest of justice and quash and set aside the abatement.” 2026:BHC-AUG:41311 9-CA-9968-2026.odt 2 3. The amendment shall be carried out within a period of two weeks from today. 4. The Civil Application stands disposed of. [ SIDDHESHWAR S. THOMBRE ] JUDGE S P Rane