Anil Bhalchandra Kokaje Thr His Power Of Attorney Holder Prashant Nilkanth Kodolikar v. Vina Divakar Pinputkar Died Thr Lrs Swanand Divakar Pimputkar And Others

913-WP-305-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 913 WRIT PETITION NO. 305 OF 2021 ANIL BHALCHANDRA KOKAJE THROUGH HIS POWER OF ATTORNEY HOLDER PRASHANT S/O NILKANTH KODOLIKAR

VERSUS

VINA DIVAKAR PINPUTKAR DIED THROUGH LRS SWANAND DIVAKAR PIMPUTKAR AND OTHERS ......

Advocate for Petitioner : Mr. Sonawane Mahesh R. AGP for Respondent Nos. 3 to 5-State : Mr. K. B. Jadhavar .....

CORAM : V. K. JADHAV, J.

DATED : 19TH JANUARY, 2021 PER COURT :- 1.

Learned counsel for the petitioner submits that in the pending appeal, by the impugned order dated 07.12.2020, the Additional Collector, Ahmednagar has allowed the application filed by the other side for bringing the legal representatives on record. Though there is delay of 57 days in filing the application for bringing the legal representatives on record, the other side has not filed any application for condonation of the said delay. Learned counsel submits that the provisions of the Limitation Act are equally applicable to the proceedings under the provisions of the Maharashtra vre/-

913-WP-305-2021.odt Land Revenue Code and as such, without there being any application seeking condonation of delay caused in filing the application for bringing the legal representatives on record, the order impugned is bad in law.

2.

At this stage, learned counsel for the petitioner submits that the matter is now posted for pronouncement of judgment. In view of the same, no interference is required. The petitioner is at liberty to challenge the order if it goes against him, along with the order passed by the Additional Collector bringing the legal representatives on record. 3.

The Writ Petition is accordingly disposed off. ( V. K. JADHAV, J. ) vre/-