The State Of Maharashtra, Through- The Collector, Osmanabad And Others v. Ramkrishna Ambadas Madake (Died) Thr Lrs. Urmila Ramkrishna Madke And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 CIVIL APPLICATION NO.2665 OF 2021 IN FA/2042/2015 WITH CA/12832/2018 IN FA/2042/2015 WITH CA/4800/2013 IN FA/2042/2015 THE STATE OF MAHARASHTRA, THROUGH- THE COLLECTOR, OSMANABAD AND OTHERS

VERSUS

RAMKRISHNA AMBADAS MADAKE (DIED) THR LRS. URMILA RAMKRISHNA MADKE AND OTHERS Mr. A. A. Jagatkar, AGP for the applicant/State Mr. V. V. Ingale, Advocate for the applicant CORAM :

N. J. JAMADAR, J.

DATE :

05-03-2021 P. C.

921 CIVIL APPLICATION NO.2665 OF 2021 IN FA/2042/2015 .

The applicants have preferred this application to bring the legal representatives of respondent No.1-Ramkrishna Ambadas Madke-original claimants on record as the respondent No.1Ramkrishna expired on 24-09-2011. 2.

The learned counsel for the proposed respondent Nos. 1 to 3, legal representatives of deceased Ramkrishna states that he has no objection to implead the proposed respondents by condoning the delay.

(2) 3.

For the reasons assigned in the application and to advance the cause of substantive justice, the delay in taking out the application for setting aside the abatement and bringing the LRs on record stands condoned.

4.

Abatement stands set aside.

5.

The application stands allowed.

6.

The applicants are permitted to amend the appeal memo. Necessary amendment be carried out within a period of three weeks.

7.

Mr. Ingale, learned counsel waives service of notice for newly impleded respondent Nos. 1 to 3.

8.

The application stands disposed of.

CIVIL APPLICATION NO. 4800 OF 2013 IN FAST/4415/2013 .

The learned AGP submitted that the applicant-appellants have deposited the entire amount of compensation and the interest accrued thereon in this court. Learned counsel for the respondents/ claimants does not dispute this position.

(3) 2.

In view of above, the execution and operation of impugned judgment and award dated 29-03-2011. in LAR No.84/2002, stands stayed till the final disposal of the appeal. 3.

The application stands disposed of.

[ N. J. JAMADAR, J. ] VishalK/ca2665.21