Sumanbai Ankush Pawar v. The State Of Maharashtra Through Collecter And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 CIVIL APPLICATION NO.4950 OF 2023 IN AO/4/2020 SUMANBAI ANKUSH PAWAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTER AND ORS. ...

Advocate for Applicant : Mr. Sharad S. Shinde Advocate for Respondent 8 : Mr. V.V. Bhavthankar ...

CORAM : ARUN R. PEDNEKER, J.

DATED : 03/08/2023 PER COURT :

1.

The present civil application is filed for bringing the legal heirs of deceased respondent No. 3 on record and for condoning the delay of 603 days caused in filing the present application. 2.

The learned counsel for the applicant submits that legal heirs of respondent No. 3 are served. The learned advocate submits that the applicant was unaware of the demise of respondent No. 3 and the notice issued by this Court could not be served on respondent No 3 and bailiff report indicated that respondent No. 3 has died. Thereafter, the applicant got all the necessary information of legal heirs and collected the death certificate of respondent No. 3. The learned counsel submits that the delay caused in filing the present application is bonafide and not intentional and prays for condoning the delay.

3.

For the reasons stated in the application, the application is allowed and disposed of. Abatement, if any, is set aside. Necessary amendment be carried out in AO within a period of two weeks from today. [ARUN R. PEDNEKER J.] ssc/