Allowed¶¶16

Bhagwat Rama Modale and Ors. v. the State of Maharashtra through Collector Latur and Ors.

Condonation of delay – setting aside of abatement

Bombay HC20 Feb 2026CA/413/2026

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What is this about?

Condonation of delay; setting aside abatement; bringing legal heirs of deceased applicants on record; necessary parties; cause of action survives; no malafides; Civil Applications Nos. 412 and 413 of 2026 in FA/2699/2022; Bombay High Court, Aurangabad Bench; single judge (Shailesh P. Brahme, J.); decided 20.02.2026; neutral citation 2026:BHC-AUG:7886.

What did the court decide?

Both Civil Applications Nos. 412 and 413 of 2026 in FA/2699/2022 allowed; delays of 475 days and 2852 days respectively condoned; abatements set aside; leave granted to bring the legal heirs of deceased applicants no.4 (Satyabhamabai w/o Gampu Bansode) and no.8 (Babu Rama Modale) on record. ¶¶16

Bhagwat Rama Modale and Ors. vs the State of Maharashtra through Collector Latur and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

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Outcome

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Issue for consideration

Whether the delay of 475 days in seeking setting aside of abatement and bringing the legal heirs of deceased applicant no.4 (Satyabhamabai w/o Gampu Bansode) on record in FA/2699/2022 ought to be condoned. +1 more

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Court's answer

The cause of action survives against the legal heirs of deceased applicant no.4; they are necessary parties and there is no reason to infer any malafides on the part of the applicants.

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Ratio / Principle

Civil Application No. 412 of 2026 is allowed: the delay of 475 days stands condoned, abatement is set aside, and leave is granted to bring the legal heirs of deceased applicant no.4 on record.

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Key takeaways

The cause of action survives against the legal heirs of deceased applicant no.8; they are necessary parties and there is no reason to infer any malafides on the part of the applicants.ratio¶¶23
Civil Application No. 413 of 2026 is allowed: the delay of 2852 days stands condoned, abatement is set aside, and leave is granted to bring the legal heirs of deceased applicant no.8 on record.ratio¶¶24

Detailed headnote1 paragraphs

Condonation of delay — setting aside of abatement — Bombay High Court, Aurangabad Bench (Shailesh P. Brahme, J.), 20.02.2026 — In First Appeal FA/2699/2022, Civil Application No. 412 of 2026 sought condonation of a delay of 475 days and Civil Application No. 413 of 2026 a delay of 2852 days, in each case for setting aside abatement occasioned by the deaths of applicant no.4 (Satyabhamabai w/o Gampu Bansode) and applicant no.8 (Babu Rama Modale) and for bringing their legal heirs on record. Held, allowing both applications: the cause of action survives against the legal heirs, who are necessary parties, and there is no reason to infer any malafides on the part of the applicants; delays condoned, abatements set aside, and leave granted to bring the legal heirs of the deceased applicants nos. 4 and 8 on record.

Bhagwat Rama Modale and Ors. v. the State of Maharashtra through Collector Latur and Ors.

Case brief

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Bhagwat Rama Modale and Ors. v. the State of Maharashtra through Collector Latur and Ors.

Case brief

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