Shahaji Rajaram Shinde v. The State Of Maharashtra Through Its Collector And Others

2024:BHC-AUG:11632

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2403 OF 2024 IN WP/10805/2022 WITH WRIT PETITION NO. 10805 OF 2022 Shahaji Rajaram Shinde

VERSUS

The State Of Maharashtra Through Its Collector And Others Mr. S. S. Patunkar, Advocate for the applicant Mr. A. R. Tapse, Advocate for respondent No.4 Mr. N. B. Patil, AGP for the respondent/State CORAM : R. M. JOSHI, J.

DATE : 21st JUNE, 2024 PER COURT :- 1.

This application is for condonation of delay of 78 days in bringing LR's of deceased-respondent No.4-Chandrakant Shahaji Shinde who died on 16/08/2023.

2.

The office has raised objection about non production of the death certificate of the deceased. Learned counsel for the LR's of Chandrakant Shahaji Shinde though opposes the condonation of delay but he makes statement that it is a fact that Chandrakant Shahaji Shinde died on 16/08/2023.

3.

In view of the said statement, this Court finds no reason to 986.ca2403.24.odt

not to allow the application.

4.

For the reason recorded in the application, the delay deserves to be condoned as the same is not inordinate or malafide. Hence, application is allowed in terms of prayer clause 'B' and 'C'. Amendment be carried out within a period of two week. 5.

Mr. Tapse, learned counsel waives service of notice on behalf of respondent Nos. 4A to 4C.

(R. M. JOSHI, J.) ssp 986.ca2403.24.odt