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Bombay High CourtCA/2712/2021disposed off

Maya Navnath Kalaskar v. The State Of Maharashtra And Others

2021-07-15Hon'Ble Shri Justice M. G. Sewlikar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 910 CIVIL APPLICATION NO.2712 OF 2021 IN WP/7178/2020 MAYA NAVNATH KALASKAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Shri. A. B. Kale, Advocate for the applicant Shri. A. B. Chate, AGP for the respondent/State Shri. M. K. Deshpande, Advocate for respondent Nos. 2 and 3 Shri. R. C. Brahmankar, Advocate for respondent Nos. 4 to 6 Shri. N. S. Shah, Advocate for respondent No. 7 Shri. B. G. Sagade Patil, Advocate for respondent No. 9 Smt. S. A. Kale, Advocate for respondent Nos. 11A to 11E CORAM : M. G. SEWLIKAR, J.

DATED : 15-07-2021 PER COURT :- 1.

Heard Shri. Kale, learned counsel for the petitioner, Shri. A. B. Chate, learned AGP for the respondent/State, Shri. M. K. Deshpande, learned counsel for respondent Nos. 2 and 3, Shri. R. C. Brahmankar, learned counsel for respondent Nos. 4 to 6, Shri. N. S. Shah, learned counsel for respondent No. 7, Shri. B. G. Sagade Patil, learned counsel for respondent No. 9, Smt. S. A.

Kale, learned counsel for respondent Nos. 11A to 11E. 2.

This application is filed for bringing LR's on record. There is delay of 626 days in filing this application. Learned counsel Shri. Brahmankar for respondent Nos. 4 to 6, Shri. Shah, learned counsel for R No. 7 and Shri. Sagade Patil for respondent No. 9 state that no cause is assigned for committing delay in filing application for condonation of delay. Shri. Kale, learned counsel submits that he came to know of the death of respondent No. 11 only when notices were returned unserved mentioning therein that the respondent No. 11 had left for heavenly abode. He submits that relations between the parties are strained. 3.

The application is for apportionment of amount of compensation between the parties. Having regard to this I deem it appropriate to condone the delay and bring the LR's of respondent No. 11 on record. In view of this application is allowed. The petitioner to carry out amendment within 14 days failing which the application shall stand dismissed.

4.

Stand over to 29/07/2021.

[M. G. SEWLIKAR, J.] ssp