Balasaheb @ Laxmidas S/O Rajabhau Deshmukh And ORS v. Zilla Parishad Beed And ORS

1 8 sa 413-12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 8 SECOND APPEAL NO. 413 OF 2012 WITH SECOND APPEAL NO. 650 OF 2014 WITH CIVIL APPLICATION NO. 6720 OF 2011 IN SA/650/2014 WITH CIVIL APPLICATION NO. 4647 OF 2023 IN SA/413/2012 WITH CIVIL APPLICATION NO. 7095 OF 2012 IN SA/413/2012 BALASAHEB @ LAXMIDAS S/O RAJABHAU DESHMUKH AND ORS

VERSUS

ZILLA PARISHAD BEED AND ORS ...

Mr. Deshmukh V. V. Advocate for Appellants Mr. Ravindra Wankhede h/f Mr. N. L. Jadhav, Advocate for Respondent Nos.1 & 4, 4 & 6 ( In respective matters) Ms. Rekha Choudhary h/f Mr. S. S. Choudhary, Advocate for Appellant (In SA No.650 of 2014) Mr. H. V. Tungar, Advocate for Respondent No.1 Mr. A. R. Tapse h/f Mr. Adv. P. D. Suryawanshi, Advocate for Respondent No.1 Mr. V. S. Badakh, AGP for Respondent No.5 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 05/02/2024.

P. C. :

A) ORDER IN SECOND APPEAL NO.650 OF 2014 :- 1.

The learned counsel for respondent no.1 pointed out that appellant No.1 as well as respondent No.8 in this second appeal are

2 8 sa 413-12 no more and office note shows that no steps are taken since long in respect of the aforesaid parties. Further, as per order dated 04/11/2023 the matter is already abated on 18/12/2023 against appellant No.1 and respondent No.8.

2.

Stand over to 04/03/2024.

B) ORDER IN CIVIL APPLICATION NO.4647 OF 2023 : 1.

Heard rival submissions.

2.

The applicant is seeking permission to bring on record legal representatives of deceased respondent No.6, who died on 25/10/2020, by condoning the delay of 762 days. 3.

The learned counsel for the respondent No.6 opposed the application on the ground that there is a huge delay. However, considering the statutory right of the applicants, the aforesaid delay, stands condoned subject to cost of Rs.1500/- to be paid to the Advocate Bar Library, High Court, Aurangabad. Accordingly, the application is allowed in terms of prayer clause-A & B. Amendment be carried out within the stipulated period. The application is accordingly disposed of. .

( SANDIPKUMAR C. MORE, J. ) VS Maind/-