Padminbai Laxuman Gavane (Died) Thr Lrs. Suryakant Laxman Gavane v. The State Of Maharashtra Through Dist. Collector, Latur And Others

937 CA 1986-2025

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 937 CIVIL APPLICATION NO. 1986 OF 2025 IN FIRST APPEAL NO. 2955 OF 2021 PADMINBAI LAXUMAN GAVANE (DIED) THROUGH L.RS. SURYAKANT LAXMAN GAVANE

VERSUS

THE STATE OF MAHARASHTRA THROUGH DISTRICT COLLECTOR LATUR AND OTHERS ...

Mr. H.B. Nandagawale h/f. Mr. V.G. Sakolkar - Advocate for Applicant Mr. R.B. Dhaware - AGP for Respondent Nos.1 and 2, State Mr. Ram B. Deshpande - Advocate for Respondent No.3 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 27.02.2025 PER COURT :

1.

Heard rival submissions.

2.

The applicants are seeking permission to bring themselves on record, being the legal representatives of sole appellant - Padminbai Laxuman Gavane, who admittedly died on 04.08.2021, by condoning the delay of 303 days. Though the application is opposed by the learned Counsel for acquiring body, but considering the right to sue, it stands allowed in terms of prayer clauses 'B', 'C' and 'D', subject to cost of Rs.500/- to be paid to the Registry of this Court for utilization 1/2

937 CA 1986-2025 of High Court Dispensary, Bench at Aurangabad. It is made clear that the applicants shall not claim any interest and statutory benefits on the enhanced amount of compensation, if granted, for the aforesaid period of delay.

3.

The application is accordingly disposed of.

4.

Necessary amendment be carried out within stipulated period. 5.

Stand over to 13.03.2025.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja Kale 2/2