Surendra Hanmallu Gandam Gandamwar v. Meghamala Govindrao Pallewad Died Thr Lrs Narendra Govindrao Pallewad And Others

2025:BHC-AUG:982 {1} 908-ca-536-2025

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 908 CIVIL APPLICATION NO. 536 OF 2025 IN WP/3872/2020 Surendra Hanmallu Gandam Gandamwar ....Applicant

VERSUS

Meghamala Govindrao Pallewad Died Thr Lrs Narendra Govindrao Pallewad And Others .....Respondents .....

Mr. A.D.Gade, Advocate for Applicant Mr. Vaishali Patil Jadhav, AGP for State .......

CORAM : MANJUSHA DESHPANDE, J.

DATE : 14th JANUARY, 2025 ORDER :

1.

This civil application is filed for bringing legal heirs of deceased respondent No. 1 on record.

2.

Learned advocate for the applicant submits that notices are yet to be issued in the writ petition. Before issuance of notice, respondent No. 1 has expired. According to him, respondent No. 1 has expired on 01.04.2021 during the Covid period. Considering the nature of proceeding and cause of the applicant, legal heirs are required to be brought on record. According to him, he has filed present application immediately after getting information about death of respondent No. 1 and Bhagyawant Punde

{2} 908-ca-536-2025 delay of 956 days in filing the present application deserves to be condoned and civil application deserves to be allowed. 3.

Considering the nature of proceeding, legal heirs of respondent No. 1 would be necessary to be brought on record for deciding the writ petition. In that view of the matter, civil application is allowed.

4.

Applicant is permitted to bring legal heirs of respondent No. 1 on record. Necessary amendment to be carried out within two weeks from today.

5.

In view of above, civil application stands disposed of. (MANJUSHA DESHPANDE, J.) Bhagyawant Punde