The State Of Maharashtra Through The Collector, Osmanabad And ANR v. Shankarnath Ramnath Jogi (Died) Thr Lrs. Parvatibai Shankarnath Jogi And ORS

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.3839 OF 2023 IN REJECTED CASE NO. 1410 OF 2019 IN FIRST APPEAL ST. NO. 38015 OF 2018 The State of Maharashtra & another Applicants

Versus

Shakarnath s/o Ramnath Jogi (died), through L. Rs.

Respondents Mr. S. S. Dande, AGP for the Applicants CORAM : SANDIPKUMAR C. MORE, J.

DATE : 21st March, 2023.

PC :

The learned AGP is seeking recalling of the order dated 02.08.2019 whereby appeal of the State-acquiring body has been dismissed for want of taking steps against deceased Respondent-claimant. However, it appears that in the present application itself, the State acquiring body intends to bring legal heirs of sole respondent-claimant by condoning the delay of 2703 days.

As such, considering the right to sue, the order dated 02.08.2019, dismissing the appeal, is recalled and the

{2} ca3839.23.odt applicant State-acquiring body is permitted to bring the legal heirs of respondent-claimant on record, as mentioned in title clause of this application within stipulated period. The delay of 2703 days, to that effect, stands condoned. The appeal is restored for bringing on record the aforesaid legal heirs forthwith.

Civil Application is disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb