Kashinath Gunda Papalwad Since Died Through His Lrs And ORS v. The State Of Maharashtra Through Collector, Nanded

2024:BHC-AUG:8879 4141.24CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 CIVIL APPLICATION NO. 4141 OF 2024 IN FA/396/2003 KASHINATH GUNDA PAPALWAD SINCE DIED THROUGH HIS LRS AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, NANDED ...

Advocate for Applicants : Adv.M.M.Patil Beedkar AGP for Respondent-State : Adv.K.R.Jamdhade ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 23.04.2024 P.C. :

1] The present Civil Application is filed to bring on record the legal heirs of the deceased Kashinath Gunda Papalwad by condoning delay of 395 days in filing the present civil application.

2] The learned counsel for the applicants submits that the applicant Kashinath Gunda Papalwad has expired on 01.10.2022. In the copy of death certificate of deceased Kashinath Gunda Papalwad issued by Gramsevak of Grampanchayat Andga, Tq.Loha, District Nanded, the name of deceased mentioned as 'Kashinath Gunderao Papalwad, but the names i.e. Kashinath Gunda Papalwad mentioned in

4141.24CA First Appeal and Kashinath Gunderao Papalwad mentioned in the said death certificate are one and the same person. The learned counsel for the applicants submits that the delay is caused in getting the death certificate of the applicant, therefore, there is delay caused in filing the present Civil Application and the same is not intentional and deliberate. Considering the said fact, the present civil application may be allowed.

3] For the reasons stated in the Civil Application, the same is allowed. Delay is condoned. Civil Application is disposed of accordingly.

[ARUN R. PEDNEKER] JUDGE DDC