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Bombay High CourtCA/2004/2025disposed off

Pandit Trimbak Patil Deceased Thr Lrs Vithabai Pandit Patil v. The State Of Maharashtra Through The Secretary And Others

2025-02-21Hon'Ble Justice Smt. Manjusha Ajay Deshpande2 pages

2025:BHC-AUG:4963 {1} ca2004-25.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2004 OF 2025 IN WRIT PETITION NO.279 OF 2016 Panditrao Trimbak Patil (Died) Through LR APPLICANT

VERSUS

The State of Maharashtra and Others RESPONDENTS .......

Mr. Mehul P. Kulkarni h/f Mr. A. S. Sawant, Advocate for Applicant Mrs.D. S. Jape, AGP for Respondent - State Mr. M. G. Kochar h/f Mr. B. R. Warma, Advocate for Respondents No.6 to 13 .......

[CORAM : MANJUSHA DESHPANDE, J.] DATE : 21 st FEBRUARY, 2025 ORDER :

1.

This Civil Application has been filed to bring legal heir of deceased Petitioner on record.

2.

Learned Advocate for the Applicant submits that the Applicant is wife and the sole surviving legal heir of the deceased Petitioner. It is submitted that when intimation about listing of the Writ Petition for hearing was given, the Applicant informed that the Petitioner is no more and she was not aware about filing of the Writ Petition and she became aware about filing of the Writ Petition when intimation of listing of the Writ Petition for hearing was given to her. Thereafter she contacted the Advocate and has

{2} ca2004-25.doc filed the Civil Application. It is, therefore, submitted that the delay is neither deliberate nor intentional and it is due to want of knowledge.

3.

In view of the explanation given by the applicant, delay of 723 days caused in bringing legal heir of deceased Petitioner on record is condoned. Civil Application is allowed in terms of prayer clauses "A" and "B". Necessary amendment to be carried out within two weeks.

[ MANJUSHA DESHPANDE ] JUDGE drp/ca2004-25.doc