Haribai Shankar Mahajan (Dead) Thr. Lrs. Nagnath Shankarappa Mahajan And ANR v. The State Of Maharashtra, Through Collector Latur And ANR

2024:BHC-AUG:25716-DB C.A. No.3472/2024 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.3472 OF 2024 IN FIRST APPEAL (ST.) NO.14692 OF 2012 Haribai w/o Shankar Mahajan, Died through L.Rs.

Nagnath s/o Shankarappa Mahajan & ors.... APPLICANTS

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS .......

Mr. Vijay B. Patil, Advocate for applicants Mrs. Uma S. Bhosle, A.G.P. for State Mr. A.P. Raka, Advocate holding for Mr. S.W. Munde, Advocate for respondent No.2. .......

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ.

DATE : 18th OCTOBER, 2024 O R D E R :

This is an application for condonation of 3852 days delay in filing the application for bringing on record legal representatives of deceased appellant.

2.

Heard learned Advocate for the applicants, learned A.G.P. for respondent No.1 and learned Advocate for respondent No.2.

C.A. No.3472/2024 :: 2 ::

3.

This Court, vide order dated 5/1/2024, restored the proceedings which were dismissed for want of removal office objections and observed thus in paragraph No.6 :- "6.

Needless to mention, if the appellants/ applicants succeed in appeal, they would not be entitled for component of interest for delayed period in preferring appeal and the delay occurred in filing the present application, since the order is passed by the learned Registrar (Judicial) dismissing the appeal for want of non-compliance of the office objection."

4.

We have gone through the application which is on affidavit. For the reasons mentioned in the application, we allow the application in terms of prayer clauses A, B and C. (NEERAJ P. DHOTE, J.) (R.G. AVACHAT, J.) fmp/-