Pandurang Girjappa Kaspate (Died) Thr Lrs. Kesarbai (Died) Thr Lrs. Menna And Others v. The State Of Maharashtra Through Collector, Osmanabad And Others

934 CA 12239-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 934 CIVIL APPLICATION NO. 12239 OF 2022 IN FIRST APPEAL NO. 357 OF 2018 PANDURANG GIRJAPPA KASPATE (DIED) THROUGH L.RS. KESARBAI (DIED) THROUGH L.RS. MENNA AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR OSMANABAD AND OTHERS ...

Mr. Santosh N. Patne - Advocate for Applicants Mr. Rajdeep D. Raut - AGP for Respondent Nos.1 and 3, State ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 27.02.2025 PER COURT :

1.

Heard rival submissions.

2.

The applicants are seeking permission to bring themselves on record, being the legal representatives of sole appellant - Pandurang Girjappa Kaspate, who admittedly died on 24.12.2019, by condoning the delay of 703 days. Though the application is opposed by the learned A.G.P., but considering the right to sue, it stands allowed in terms of prayer clauses 'B' and 'C', subject to deposit of cost of Rs.1,000/- to be paid to the Registry of this Court for utilization of High Court Dispensary, Bench at Aurangabad. It is made clear that 1/2

934 CA 12239-2022 the applicants shall not claim any interest and statutory benefits on the enhanced amount of compensation, if granted, for the aforesaid period of delay.

3.

The application is accordingly disposed of.

4.

Necessary amendment be carried out within stipulated period. 5.

List the First Appeal No.357 of 2018 on 13.03.2025. [ SANDIPKUMAR C. MORE ] JUDGE Pooja Kale 2/2