Madhav Dattatraya Dahikalambekar Deceased Through Lrs Satywati Madhav Dahikalambekar And Others v. Subh Sandesh Shikshan Prasarak Mandal Through Its Secretary And Others

ca501.23 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 956 CIVIL APPLICATION NO.501 OF 2023 IN WP/2073/2020 MADHAV DATTATRAYA DAHIKALAMBEKAR DECEASED THROUGH LRS SATYWATI MADHAV DAHIKALAMBEKAR AND OTHERS

VERSUS

SUBH SANDESH SHIKSHAN PRASARAK MANDAL THROUGH ITS SECRETARY AND OTHERS ...

Advocate for Applicants : Mr. Karne G. J.

Advocate for Respondents 1 and 2: Mr. J.B. Paikrao h/f Mr. G.G. Suryawanshi AGP for Respondents 3 to 5: Mr. V.M. Kagne .....

CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.

DATED : 13th JANUARY, 2023.

PER COURT :- 1.

The applicants claim to be the legal heirs of deceased Madhav. By this application, they pray for leave to be brought on record. There is a delay of 222 days.

2.

The learned advocate for the non applicants opposed the application.

3.

Considering the contents of the application, we do not find that the delay or lapse could be attributed to the conduct of the widow and her two minor children. The original petitioner Madhav has suffered an untimely death. Naturally, the legal heirs would have been in a

ca501.23 -2state of shock since he passed away at a young age. The applicants have also acquired the heirship certificate.

4.

In view of the above, this application is allowed. Delay is condoned. The legal heirs to be brought on record within two weeks. 5.

List the writ petition for hearing at admission stage on 31.01.2023, to be called out after the fresh admission board is over. (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE , J.) rlj/