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Bombay High CourtCA/2597/2025admittedallowedgrantedrule absolute

Anant Chhannu Baviskar (Died) Thr. Lrs Anjanabai Anant Baviskar v. Ex. Engineer, M.I.D.C., Jalgaon And ORS

2025-03-04Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1) 937 CA-2597.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 937 CIVIL APPLICATION NO. 2597 OF 2025 IN FA/965/2020 WITH CIVIL APPLICATION NO. 9099 OF 2019 IN FA/965/2020 WITH CIVIL APPLICATION NO. 9731 OF 2021 IN FA/965/2020 ANANT CHHANNU BAVISKAR (DIED) THROUGH LRS ANJANABAI ANANT BAVISKAR

VERSUS

EXECUTIVE ENGINEER, M.I.D.C., JALGAON AND OTHERS ...

Mr. Niranjan Dhake, Advocate for the applicants. Mr. D.J. Patil, A.G.P. for respondent /State. Mr. B.K. Pawar, Advocate holding for Mr. Ajeet B. Kale, Advocate for respondent Nos. 4.A.1 to 4.A.5.

...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

4 MARCH 2025.

ORDER:- 1.

Heard rival submissions.

2.

The applicant is seeking permission to bring on record legal representatives of deceased respondent No.2 Anant Chhannu Baviskar, who admittedly died on 26.12.2022, by condoning the delay of 702 days. However, there is no question of condonation of delay, since the appellant Acquiring Body should have moved application for bringing legal representatives of deceased respondent No. 2. As such, Civil

(2) 937 CA-2597.2025.odt Application No. 2597 of 2025 stands allowed in terms of prayer clause (D) and disposed.

4.

Necessary amendment be carried out by the appellant Acquiring Body within two weeks.

5.

List the other matters to 18.03.2025.

(SANDIPKUMAR C. MORE, J.) VD_Dhirde