Suresh Govind Garude Since Deceased Thr. Lrs.1.1) Smt. Nandini Suresh Garude And ORS. v. The State Of Maharashtra, The Sub Divisional Officer, Panvel

71-ia10238-2022 in fa1159-2005.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.10238 OF 2022 IN FIRST APPEAL NO.1159 OF 2005 Suresh Govind Garude, since deceased through LRs 1) Smt. Nandini Suresh Garude & Ors.

... Applicants V/s.

The State of Maharashtra ... Respondent Digitally signed by ATUL GANESH KULKARNI Date:

2023.01.04 10:24:35 +0530 ATUL GANESH KULKARNI Mr. Mohan C. Kumbhar i/by Mr. Sachin K. Hande for the applicants.

Ms. Tanaya Goswami, AGP for the respondent/State. CORAM :AMIT BORKAR, J.

DATED :JANUARY 3, 2023 P.C.:

1.

The respondent who is original claimant has filed present interim application to bring heirs and legal representatives of deceased respondent no.1 on record.

2.

Since it is the responsibility of the appellant to bring on record the heirs and legal representatives of deceased respondent no.1 on record, there is no question of delay in filing such application by the respondents/applicants. Considering the scheme of the Act and the applicant being claimant, the application to bring heirs and legal representatives of deceased respondent no.1

71-ia10238-2022 in fa1159-2005.doc on record needs to be allowed.

3.

In that view of the matter, the interim application is allowed in terms of prayer clauses (a) to (c).

4.

Necessary amendment shall be carried out within four weeks from today.

(AMIT BORKAR, J.)