Sagianbai W/O Gahininath Ghumbare (Died) Thr. Lrs Ramraje Gahininath Ghumre And ORS v. The State Of Maharashtra Through Collector, Osmanabad And ORS
920-CA-6192-2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 921 CIVIL APPLICATION NO. 2830 OF 2025 IN FA/3441/2022 Sagianbai w/o Gahininath Ghumbare (died) Thr. Lrs Ramraje Gahininath Ghumre and Ors.
....Applicants
VERSUS
The State of Maharashtra Through Collector, Osmanabad and Ors.
.....Respondents .....
Ms. Laxmi Thakur h/f Mr. Patil Laxmikant C., Advocate for Applicants Mr. Rajdeep D. Raut, AGP for Respondent Nos.1 and 2 Mr. Ranjit Bhaskarrao Gaikwad, Advocate for Respondent No.3 - Acquiring Body .....
CORAM
:
NEERAJ P. DHOTE, J.
DATE :
11.03.2025 PER COURT :
1.
This is an Application fled for bringing on record the legal representative of Deceased - Sagjanbai Gahininath Ghumare and Asha Pandurang Bagal with the following prayers :- "A) The Civil Application may kindly be allowed.
B) The Legal representative of the deceased Sagjanbai W/o Gahininath Ghumare and Asha W/o Pandurang Bagal and applicants be permitted to bring on the record and to prosecute the First Appeal No.3441/2022 along with pending Civil Applications.
C) The Delay 2479 days for bringing the legal representative on record may kindly be condoned.
D) Abatement if any may kindly be set aside.
E) Any other relief may kindly be granted in favour of applicants in the interest of justice."
2.
Issue notice to the Respondents. Learned A.G.P. waives service of notice for Respondent Nos.1 and 2 and learned Advocate Mr. Gaikwad waives service of notice for Respondent No.3.
920-CA-6192-2023.odt 3.
The Appeal is fled by the Acquiring Body against the Judgment and Award passed by the learned Reference Court. There was a Sole Claimant before the learned Reference Court and also in the Appeal by named Sagianbai Gahininath Ghumbare. She died on 17/02/2018. Thereafter, one of her legal representative by named Asha Pandurang Bagal also died on 06/03/2023. Hence, this Application.
4.
The other sides have no objection to allow the Application. 5.
Perused the Application and the papers on record. 6.
For the reasons mentioned in the Application, Application is allowed in terms of prayer clauses - [B], [C] and [D]. Amendment be carried out within a period of four [4] weeks. 7.
Application is disposed of accordingly.
[NEERAJ P. DHOTE, J.] Sameer/March-2025 Signed by: Md. Sameer Q.
Designation: PA To Honourable Judge Date: 13/03/2025 11:03:13