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Bombay High CourtCA/2298/2024disposed off

Balasaheb Mohanrao Salve v. The State Of Maharashtra And Others

2024-08-16Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Y. G. Khobragade2 pages

2024:BHC-AUG:18674-DB 2298.24ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 CIVIL APPLICATION NO. 2298 OF 2024 IN CA/7043/2023 IN WP/7833/2022 BALASAHEB MOHANRAO SALVE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr S. D. Jaybhar, Advocate h/f Mr D. R. Jaybhar, Advocate for Applicant;

Mr N. S. Tekale, A.G.P. for Respondent Nos.1 to 3 Mrs Sudha Chintamani, Advocate for Respondent No.4 Mr D. S. Manorkar, Advocate for Respondent No.5 CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 16th August, 2024 PER COURT:

1.

The Petitioner desires to bring the legal heirs of deceased Respondent No.6/Bhanudas Bhika Salve, on record. Delay of 3557 days is caused in filing Civil Application for bringing the legal heirs on record.

2.

Leave to correct the spelling of the word 'abetment' in prayer clause C, with the word 'abatement'. Correction be carried out forthwith.

2298.24ca (2) 3.

Though the legal heirs are served, no appearances are entered.

4.

The learned Advocates for the Respondents oppose this Application for condonation of delay.

5.

In view of the above, for the reasons set out and the fact that the Petitioner has deposited Rs.3557/- in this Court by way of a Demand Draft dated 15/03/2024, this Civil Application is allowed. Delay is condoned. The compilation of the documents (2 pages) tendered by the Petitioner, is taken on record and marked as 'X' for identification.

6.

The legal heirs of Respondent No.6 shall be brought on record within a period of three weeks in the Writ Petition. (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk