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Bombay High CourtCA/4632/2023disposed off

Ratan Youshep Fulpagar And Others v. The State Of Maharashtra Through Its Principal Secretary And Others

2023-06-20Hon'Ble Shri Justice Kishore C. Sant2 pages

( 1 ) ca4632.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4632 OF 2023 WITH CIVIL APPLICATION NO. 4633 OF 2023 IN WRIT PETITION NO. 3449 OF 2016 RATAN YOUSHEP FULPAGAR AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS Mr.R.A. Tambe, Advocate for the applicants.

Mr.S.B. Pulkundwar, AGP for respondent/State. Mr.S.P. Katneshwarkar, Advocate for respondent No.8.

CORAM

:

KISHORE C. SANT, J.

DATED :

20.06.2023 PC :- 01.

Civil Application No.4632 of 2023 is filed for bringing on record the legal representatives of applicant No.3-Shrawan Ambadas Fulpagar. There is delay of 305 days in filing the application. It is stated in the application that the deceased died on 15.01.2021. However, the application was filed only after getting knowledge of the death. In the meantime there was delay. 02.

Civil Application No.4633 of 2023 is filed for bringing on record the legal representatives of applicant No.2-Gopinath Ramchandra Fulpagar. Applicant No.2 died on 08.12.2018. The applicants could not get knowledge of proceeding immediately. It was only after the order passed by this Court dated 14.12.2022, wherein the petitioners were directed to take steps.

( 2 ) ca4632.23 Thereafter, the Advocate for the petitioners could get the knowledge of the death. Some time was consumed thereafter to get details of the legal representatives. In this process there is delay in filing the application. 03.

The learned Advocate for the respondent opposes the applications.

04.

This Court finds that for the reasons recorded in the application, the delay needs to be condoned. Since the deceased petitioner Nos.2 and 3 died during pendency of this petition, it is necessary to bring their legal representatives on record.

05.

In view of the above, both the applications are allowed. The petitioners to correct the cause title within two weeks from today. After the amendment place the petition for admission on 01.08.2023. 06.

Interim relief, if any, to continue till next date. [KISHORE C. SANT, J.] snk/2023/JUN23/ca4632.23