Dnyandeo Pandurang Labade And ORS v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12986 OF 2019 IN FIRST APPEAL NO. 571 OF 2007 Dnyandeo Pandurang Labade (Deceased through LRs) & others Applicants

Versus

The State of Maharashtra Respondent Mr. Rohit Dhogde, Advocate holding for Mr. S. D. Kulkarni, Advoate for the applicants.

Mr. S. D. Ghayal, AGP for the State.

CORAM : R. M. JOSHI, J.

DATE :15th FEBRUARY, 2023.

PER COURT :

1.

Heard.

2.

This is an application for setting aside abatement, bringing on record legal heirs of deceased appellant No. 1 and for condonation of delay of 1298 days occurred in preferring the application.

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Learned counsel for the applicants submits that appellant No. 1 died on 12th May, 2013. Death certifcate fled on record confrms the date of death of the deceased. 4.

Perusal of the application shows that for want of knowledge about pendency of the appeal, the applicants could not bring themselves on record. Delay caused in fling the application is not deliberate. In the result, application stands allowed in terms of prayer clauses 'A' to 'C'. Delay caused in fling the application stands condoned. Abatement of frst appeal is set aside. Legal heirs of deceased appellant No. 1 be brought on record. Amendment be carried out within two weeks.

5.

Civil application stands disposed of.

( R. M. JOSHI) Judge dyb