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Bombay High CourtCA/4970/2024admittedallowedgrantedrule absolute

Lotan Suka Chaudhari (Died) Thr Lrs Vasant (Died) Thr. Lrs Kaushlya And ORS v. The Exe. Engineer, M.I.D.C., Jalgaon

2024-06-10Hon'Ble Shri Justice Kishore C. Sant2 pages

2024:BHC-AUG:10491 (1) 9ca4970.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 9 CIVIL APPLICATION NO. 4970 OF 2024 IN FA/598/2023 LOTAN SUKA CHAUDHARI (DIED) THR LRS VASANT (DIED) THR. LRS KAUSHLYA AND ORS ....Applicant

VERSUS

THE EXE. ENGINEER, M.I.D.C., JALGAON .....Respondent Mr. I. K. Wagh, Advocate h/f Mr. K. M. More, Advocate for the applicant Mr. A. M. Phule, AGP for the respondents/State Mr. G. S. Khaire, Advocate h/f Mr. S. S. Dande, Advocate for respondent No.2 CORAM :

KISHORE C. SANT, J.

DATE :

10th JUNE, 2024 P. C.

1.

Heard.

2.

This application is for bringing the legal heirs on record of the appellants. Sole appellant died on 27-01-2024. While filing this application, there is delay of 41 days. 3.

Office has raised an objection that name of sole appellant differs from the death certificate. His name in the

(2) 9ca4970.24 appeal is shown as Vasant Lotan Chaudhari whereas in the death certificate same is mentioned as Vasant Lotu Chaudhari. The applicants however, have enclosed the copy of certificate issued by Grampanchayat, Village Development Officer, Grampanchayat Asoda, Tq. & Dist. Jalgaon and Sarpanch, Grampanchayat Asoda, Tq. & Dist. Jalgaon showing heirs of the deceased.

4.

Considering this, objection stands removed.

5.

The application is allowed by condoning the delay of 41 days.

6.

The applicant to carry out the corrections within one week from today.

7.

The application stands disposed off.

[KISHORE C. SANT, J.] VishalK/9ca4970.24