Navnath Radhakisan Vitnor Died Through Lrs Smita Navnath Vitnor v. Ahmednagar Zilla Parishad Ahmednagar Through Its Chief Executive Officer

( 1 ) 925CA4905.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4905 OF 2022 IN WP/13143/2019 NAVNATH RADHAKISAN VITNOR DIED THROUGH LRS SMITA NAVNATH VITNOR

VERSUS

AHMEDNAGAR ZILLA PARISHAD AHMEDNAGAR THROUGH ITS CHIEF EXECUTIVE OFFICER Advocate for Applicant : Mr. P.S. Mantri h/f. Mr. P.V. Barde Advocate for Respondent : Mr. M.V. Narwade CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 31.03.2022 PER COURT :

1.

The petitioner - Navnath Radhakisan Vitnor has died on 30.06.2021. The copy of death certificate issued by Municipal Corporation, Ahmednagar, is produced on record. 2.

By this application, it is contended that deceased Navnath is survived by the present applicant who is the wife and only legal heir of the deceased. Since the right to sue survives to the applicant, learned counsel seeks to bring on record the legal representatives of deceased Navnath.

( 2 ) 925CA4905.22 3.

On the point of delay, it is submitted that due to the Covid - 19 pandemic, application could not be moved within limitation. The reason for delay is satisfactorily explained. Therefore, the delay stands condoned and the abatement is set aside.

4.

The application is allowed. The applicant is permitted to amend the petition by incorporating the name of Sunita Navnath Vitnor in the place of the deceased - original petitioner.

5.

Amendment to be carried out within a period of two weeks. After amendment, the amended copy be supplied to the respondent. Application stands disposed of.

6.

After the amendment, list the Writ Petition No. 13143/2019 for admission on 09.06.2022.

[ PRITHVIRAJ K. CHAVAN, J. ] SPC