Prabhu Laxman Jagtap (Died) Thr Lrs Dattatray Prabhu Jagtap v. The State Of Maharashtra And Another

32-ca.4497-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4497 OF 2021 IN FA/3816/2017 WITH CA/4498/2021 IN FA/3816/2017 Prabhu Laxman Jagtap (died), Through L.Rs Dattatray Prabhu Jagtap

Versus

The State Of Maharashtra And Another ---- Mr.V.V.Ingale, Advocate for applicant Mr.S.N.Kendre, AGP for respondents ---- CORAM : R.G. AVACHAT, J.

DATE : OCTOBER 20, 2021 ORDER :- The appeal is preferred by the sole claimant. He passed away before 723 days. As such, the appeal, in fact, stood abated. In the interest of justice, Civil Application No.4497 of 2021 is allowed in terms of prayer clauses (A) and (B), on condition that the applicants/appellants shall not be entitled for component of interest or any other monetary benefits for the delayed period of 723 days in bringing on record the legal representatives of the deceased original appellant.

2.

For the reasons given in the application, Civil Application No.4498 of 2021 for amendment so as to enhance the claim, is allowed in terms of prayer clause (B).

[R.G. AVACHAT, J.] KBP