Umedsingh Batesingh Padvi Died Through Lrs Suman Krishna Padvi And Another v. The State Of Maharashtra And Others

1 30-CA 1941-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1941 OF 2023 IN WP/3913/2014 Umedsingh Batesingh Padvi Died through L.Rs.

1-A. Suman Krishna Padvi and another .. Applicants

Versus

The State of Maharashtra and others .. Respondents Mr. T. S. Shaikh, Advocate for the Applicants. Mr. K. N. Lokhande, AGP for Respondents/State. Mr. G. D. Jain, Advocate for Respondent No. 2. WITH WP/3913/2014 CORAM : KISHORE C. SANT, J.

DATED : 21st JUNE, 2023.

P. C. :- .

Heard learned advocates for the parties.

2.

This is an application for bringing legal representatives of deceased - petitioner No. 1 in Writ Petition No. 3913/2014 on record. The deceased died on 13.11.2019 and the application is preferred on 25.03.2022. The reason assigned for such delay is that, since March 2020 there was Covid period. The application is filed on 25.03.2022 i.e. as soon as possible. Learned advocate for the applicants also relies

2 30-CA 1941-2023.odt on the order passed by the Hon'ble Apex Court in respect of cognizance of extension of time in Suo Motu Writ Petition (C) No. 3/2020. 3.

Learned advocate for the respondent No. 2 vehemently opposes the application stating that, in fact, the applicants could have brought the legal heirs on record prior to March 2020. He submits that, merely because Corona disease is not sufficient ground. 4.

Considering this, this Court finds that, delay is sufficiently explained. Therefore, the civil application is allowed in terms of prayer clauses (B) and (C).

5.

The civil application is disposed off.

6.

Place the writ petition for admission after eight weeks. ( KISHORE C. SANT, J. ) P.S.B.