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Bombay High CourtCA/10560/2022admittedallowedgrantedrule absolute

Govind Sambhaji Madage (Died) Thr Lrs Khobraji And ORS v. The State Of Maharashtra Through Its District Collector, Nanded And Others

2025-03-06Hon'Ble Shri Justice Sandipkumar C. More2 pages

2025:BHC-AUG:6533 1 931 ca 10559-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 CIVIL APPLICATION NO. 10559 OF 2022 IN FAST/10130/2021 WITH CIVIL APPLICATION NO. 10560 OF 2022 IN FAST/10130/2021 GOVIND SAMBHAJI MADAGE (DIED) THR LRS KHOBRAJI AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Mr. Anerao Panditrao S., Advocate for Applicant Mr. Rajdeep D. Raut, AGP for Respondent-State ....

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 06/03/2025.

P. C. :

A) ORDER IN CIVIL APPLICATION NO.10560 OF 2022 : 1.

Heard rival submissions.

2.

The applicants are seeking permission to bring themselves on record in the appeal being the legal representatives of appellant / claimant No.1- Govind Sambhaji Madage, who admittedly died on 05/03/2011, by condoning the delay of 3867 days. 3.

However, the present applicants alongwith the other appellants have already filed appeal. As such, considering the right to sue, permission to prosecute the appeal by these applicants is granted. Application is accordingly disposed of.

2 931 ca 10559-22 B) ORDER IN CIVIL APPLICATION NO.10559 OF 2022 : 1.

Heard rival submissions.

2.

The applicants are seeking condonation of delay of 2372 days, which appears to be caused due to their poor financial condition. 3.

The learned AGP strongly opposed the application on the ground that no reasonable cause is mentioned for condoning the delay. 4.

However, considering the statutory right of the applicants and for the reasons stated in the application, the application is allowed subject to cost of Rs.3,500/- to be paid to Registry, for utilization of High Court Dispensary.

5.

It is made clear that the applicants shall not claim any interest and statutory benefits for the period of aforesaid delay. 6.

The appeal be placed for admission after removal of office objections, if any.

7.

The application is accordingly disposed of.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-