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Bombay High CourtCA/2786/2025disposed off

Narayan Asaram Chopde And Others v. The State Of Maharashtra Through Its Secretary And Others

2025-03-12Hon'Ble Justice Smt. Manjusha Ajay Deshpande2 pages

2025:BHC-AUG:7227 {1} 908-ca-2786-2025

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 908 CIVIL APPLICATION NO. 2786 OF 2025 IN WP/7036/2004 Narayan Asaram Chopde And Others

VERSUS

The State Of Maharashtra Through Its Secretary And Others .....

Mr. Rohit Dhongde h/f Mr. S.S. Kulkarni, Advocate for Applicants Mrs. D.S. Jape, AGP for State .......

CORAM : MANJUSHA DESHPANDE, J.

DATE : 12th MARCH, 2025 ORDER :

1.

The present Civil Application has been filed to bring legal heirs of Petitioner No. 3 on record.

2.

It is the contention of applicants that Petitioner No. 3 has expired on 24.08.2022. Death certificate to that effect is also annexed to the civil application. It is the contention of applicants that after the death of Petitioner No. 3 they have tried to contact advocate in order to bring them on record. However, because of certain problems, they could not contact the advocate and application could not be filed within limitation. Apart from that, applicants did not have knowledge about the pending Bhagyawant Punde

{2} 908-ca-2786-2025 proceeding. After getting the knowledge about pending proceeding, they immediately filed present civil application. Therefore, it is prayed that delay of 860 days caused in filing application may kindly be condoned.

3.

After death of petitioner No. 3 cause of applicants still survives. Considering the satisfactory explanation given by applicants in the civil application, Civil Application is allowed in terms of prayer clause 'A' and 'B'.

4.

Amendment to be carried out within a period of two weeks from today.

(MANJUSHA DESHPANDE, J.) Bhagyawant Punde