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Bombay High CourtCA/1963/2023disposed off

Kaduji Panduji Waichal (Died) Thr Lrs. Pralhad (Died) Thr Lrs. Devidas P Waichal And ORS v. The State Of Maharashtra Through Collector, Parbhani Now Hingoli And ORS

2023-03-01Hon'Ble Shri Justice Sandipkumar C. More3 pages

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.1963 OF 2023 IN FIRST APPEAL NO. 1013 OF 2002 Kaduji s/o Panduji Waichal (died) through L. Rs.

Applicants

Versus

The State of Maharashtra & others Respondents Mr. S. K. Adkine, advocate for the Applicants Mr. A. B. Chate, AGP for Respondents No.1 and 2. Mrs. R. D. Reddy, advocate for Respondent No.3. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 01st March, 2023.

PC :

The applicants are seeking permission to bring themselves on record, being the legal representatives of appellant no.2 Pralhad Kaduji Waichal, the sole surviving claimant in the appeal by condoning delay of 2480 days. Admittedly, Pralhad died on 01.02.2016 and considering right to sue, his all legal heirs are to be brought on record. As such, the application stands allowed in terms of prayer clause {B} by condoning the aforesaid delay subject

{2} to the condition that the applicants shall not claim any interest for the aforesaid delay of 2480 days on the enhanced compensation, if granted. The amendment be carried out within stipulated period.

Civil Application is disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb

{3}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 1013 OF 2002 Kaduji s/o Panduji Waichal (died) through L. Rs.

Appellants

Versus

The State of Maharashtra & others Respondents Mr. S. K. Adkine, advocate for the Appellants Mr. A. B. Chate, AGP for Respondents No.1 and 2. Mrs. R. D. Reddy, advocate for Respondent No.3. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 01st March, 2023.

PC :

Stand over to 15.03.2023.

(SANDIPKUMAR C. MORE) JUDGE adb