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2026 DAILYLAW 8434 (BOM)

GANPATI RAJARAM MANE SINCE DECEASED THR HIS LRS GOVINDRAO AND ANR. v. THE EX. ENGINEER, MEDIUM PROJECT, DIVISION, LATUR AND ANR.

CA/10240/2026 · 2026-09-07

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Judgment text

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1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. 22 CIVIL APPLICATION NO.10240 OF 2026 IN FIRST APPEAL NO.1104 OF 2019 Ganpati Rajaram Mane (Since Deceased) Thr His LRs Govindrao And Anr. Versus The Ex. Engineer, Medium Project, Division, Latur And Anr. ….. Shri. Yashraj H. Gaherwar h/f. Shri. V.D. Gunale, Advocate for Applicants Shri. S. C. Arora, Advocate for Respondent No.1 Shri. S. N. Kendre, AGP for the State. ….. CORAM : AJIT B. KADETHANKAR, J. Dated : SEPTEMBER 07, 2026 PER COURT :- 1. Heard the learned Advocate for the Applicants, the learned Advocate for Respondent No.1 and the learned AGP for the State. 2. It is submitted by the learned Advocate for the Applicants that during the pendency of the First Appeal the original Claimant namely Ganpati Rajaram Mane died leaving behind the present Applicants as his legal representatives. By way of this Application directions are sought to amend the cause title of the First Appeal by incorporating the names of the Applicants as the legal representatives of deceased - Ganpati Rajaram Mane. Further, there is a delay of 1339 days in filing the Application. It is submitted that for want of knowledge of the present proceedings, the Applicants could not approach their learned Advocate 2026:BHC-AUG:41900 2 within time resulting in the delay. Hence, the present Civil Application filed for incorporating the names of the Applicants as legal representatives of the deceased - Ganpati Mane in cause title of First Appeal as well as for condonation of delay may be allowed. 3. Shri. S. C. Arora, the learned Advocate for the Respondent No.1 and Shri. S. N. Kendre, the learned AGP for the State fairly submit that appropriate orders may be passed. 4. Having regard to the aforesaid submissions and for the reasons stated in the Application, the Application deserves to be allowed. Hence I pass the following order. ORDER (i) The Civil Application is allowed. (ii) The delay of 1339 days caused in filing the Application is condoned. (iii) The abatement, if any, is quashed and set aside. (iv) The Appellants shall amend the cause title of the First Appeal by incorporating the names of Applicant Nos. 1 and 2 as the legal representatives / heirs of deceased Ganpati Rajaram Mane. (v) Necessary amendment be carried out within a period of four (4) weeks from today. ( AJIT B. KADETHANKAR, J. ) GGP