Sukhdeo Namdeo Jagtap (Died) Thr Lrs Sandhyabai And ORS v. The State Of Maharashtra And Another

CA 4311/17 in FA 2188/14 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4311/2017 IN FIRST APPEAL NO.2188/2014 Sukhdeo Namdeo Jagtap (died), through L.Rs. Sandhyabai w/o Sukhdeo Jagtap & others.

...Applicants..

Versus

The State of Maharashtra & another.

...Respondents...

.....

Shri V.V. Ingale, Advocate h/f Shri Mahesh S. Patil Almalekar, Advocate for applicants.

Shri S.N. Marlapalle, AGP for respondent nos.1 & 2. .....

CORAM: R.D. DHANUKA & SUNIL K. KOTWAL, JJ.

DATE: 13.09.2017 ORDER :

1] By this civil application, the applicants seek their impleadment in place of the original respondent who expired on 14.6.2003. Their predecessor was the original claimant. The impleadment of the applicants would be necessary for the effectual adjudication of the dispute. No affidavit in reply is filed by the original appellant.

CA 4311/17 in FA 2188/14 - 2 - 2] We have heard the learned counsel appearing for the parties and we are satisfied with the reasons explained in the civil application for condonation of delay in filing the civil application and for their impleadment in place of the original respondents on record.

3] The civil application is accordingly allowed and made absolute in terms of prayer clauses (2) and (3). The appellant is directed to carry out amendment within two weeks from today.

4] The civil application is disposed of in aforesaid terms. No order as to costs.

(SUNIL K. KOTWAL, J.) (R.D. DHANUKA, J.) ndk/c13917.doc