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Bombay High CourtCA/6791/2023disposed off

Babu Narsing Upgandale (Died) Thr Lrs. Balaji Baburao Upagandale And ORS v. The State Of Maharashtra Through Collector, Latur And ORS

2023-06-07Hon'Ble Shri Justice Sandipkumar C. More2 pages

{1} 911-ca6791.23.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6791 OF 2023 IN FIRST APPEAL NO. 125 OF 2020 Babu s/o Narsing Upgandale (died) through L. Rs.

Applicants

Versus

The State of Maharashtra & others Respondents Mr. G. K. Sontakke, advocate for the Applicants Mr. B. V. Virdhe, AGP for Respondents No.1 & 2. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 07th June, 2023.

PC :

Heard rival submissions.

The learned Counsel for Respondent No.4acquiring body, despite appearance, remained absent. The applicants are seeking permission to bring themselves on record, being the legal representatives of Respondent No.1- sole claimant Babu Narsing Upgandale, in the appeal by condoning delay of 3408 days.

Admittedly, Babu Narsing Upgandale died on 18.02.2015 and considering right to defend, his legal heirs

{2} 911-ca6791.23.odt are to be brought on record. As such, Civil Application stands allowed in terms of prayer clause {B} and {C} The appellant-acquiring body to carry out the amendment within stipulated period.

Civil Application is disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb