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Bombay High CourtCA/3147/2020disposed off

Gundiram Kerba Shelke (Died) Thr Lrs Sakubai And ANR v. The State Of Maharashtra And ANR

2023-04-18Hon'Ble Shri Justice Sandipkumar C. More1 pages

1 951 ca 3146-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 951 CIVIL APPLICATION NO.3146 OF 2020 IN FA/2565/2019 WITH CA/3147/2020 IN FA/2565/2019 GUNDIRAM KERBA SHELKE (DIED) THR LRS SAKUBAI AND ANR

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicants : Mr. G. K. Sontakke AGP for Respondent Nos.1 & 2: Mr. S. W. Mundhe ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 18/04/2023.

P. C. :

A) ORDER IN CIVIL APPLICATION NO.3147 OF 2020 :

1.

Heard rival submissions.

2.

The applicants are seeking permission to bring themselves on record in the appeal being the legal representatives of sole respondent- Gundiram Kerba Shelke, who admittedly died on 01/01/2006, by condoning the delay of 5052 days. 3.

The learned AGP pointed out that the sole respondent - claimant had died before passing of impugned award. The learned counsel for the acquiring body despite appearance, remained absent. However, considering the right to defend, the application stands allowed in terms of prayer clause-B and C.

4.

The appellant - acquiring body is directed to carry out the amendment within stipulated period. Application is accordingly disposed of.

B) ORDER IN CIVIL APPLICATION NO.3146 OF 2020 :

1.

Stand over to 27/06/2023.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-