Vishnu Shripati Dhobale (Dead) Thr Lrs Vimal And ORS v. The State Of Maharashtra

- 1 - ca13009.19.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13009 OF 2019 IN REJECTED CASE NO. 1073 OF 2015 IN FIRST APPEAL ST. NO. 10956 OF 2015 Vishnu Shripati Dhobale (Deceased through LRs) & others Applicants

Versus

The State of Maharashtra Respondent Mr. Shubham Jaybhar, Advocate holding for Mr. D. R. Jaybhar, Advocate for the applicants.

Mr. P. G. Borade, AGP for the State.

CORAM : R. M. JOSHI, J.

DATE :15th FEBRUARY, 2023.

PER COURT :

1.

Learned counsel for the applicants seeks leave to amend the prayer clause as well as title clause of the application. 2.

Leave granted. Amendment be carried out forthwith. 3.

By order dated 25th August, 2015, registration of the appeal was refused for want of removal of offce objections. Against the said order, Civil Application No. 9162/2017 came to be fled by the original appellant i.e. Vishnu Shripati Dhobale and during the

- 2 - ca13009.19.odt pendency of this application, he died on 1st April, 2017. Death certifcate fled on record confrms the date of death of the deceased. 4.

Learned counsel for the applicants states that after obtaining succession certifcate, instant application for bringing on record legal heirs of deceased appellant is fled. 5.

Delay caused in fling the application is not deliberate. Reasons mentioned in the application are satisfactory. In order to meet the ends of justice, delay deserves condonation. Hence, the application is allowed in terms of prayer clauses 'B' and 'C'. Amendment be carried out within two weeks. Civil application stands disposed of.

( R. M. JOSHI) Judge dyb