Gangaram Yashwanta Wadgave Died Thr Lrs Bajrang And ORS v. M.I.D.C. Thr. Regional Officer, Latur And ORS

1 930CA2961.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 930 CIVIL APPLICATION NO. 2961 OF 2024 IN FA/2188/2016 Gangaram Yashwanta Wadgave Died Thr Lrs Bajrang And Ors

VERSUS

M.I.D.C. through Regional Officer, Latur ...

Mr. G. R. Syed - Advocate for applicants Mr. G. S. Khaire h/f Mr. S. S. Dande - Advocate for respondent no.1 Mrs. S. N. Deshmukh - AGP for Respondent Nos. 4 and 5 ...

CORAM : R. G. AVACHAT AND NEERAJ P. DHOTE, JJ.

DATED : 26TH APRIL, 2024 PER COURT : - 1.

This is the Application for condonation of 639 days delay caused in preferring the application for bringing on record the legal heirs of deceased / applicant no. 3 i.e. Nandkishor, with a further prayer to permit them to bring on record the legal heirs of said applicant. 2.

The Application is moved by the original objection Petitioner / Cross - Objectionists. The copy of death certificate showing the name of applicant no. 3 as deceased is enclosed with the application. The date of death is 13.05.2021.

3.

For the reasons stated in the application, we pass the following order.

ORDER

[i] Civil Application is allowed.

2 930CA2961.2024.odt [ii] The delay of 639 days caused in preferring the application is condoned.

[iii] The abatement of Appeal to that extent is set aside. [iv] The Applicants are permitted to bring on record the legal heirs of deceased / applicant no. 3.

[v] Amendment to be carried out forthwith.

[NEERAJ P. DHOTE] [R. G. AVACHAT] JUDGE JUDGE SG Punde Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 30/04/2024 11:32:19