Dattu Dagdu Bhillare (Died) Thr Lrs. Shahabai Dattu Bhillare And ORS v. The State Of Maharashtra Through The Collector Osmanabad And ORS

1 64 CA 5460-23+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 64 CIVIL APPLICATION NO.5460 OF 2023 IN FAST/15264/2020 WITH CIVIL APPLICATION NO.4318 OF 2023 IN FAST/15258/2020 DATTU DAGDU BHILLARE (DIED) THR LRS. SHAHABAI DATTU BHILLARE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND OTHERS ....

Advocate for the Applicants : Mr. A. S. More AGP for the Respondent-State : Mr. S. N. Kendre Advocate for Respondent No.3 : Ms. S. D. Shelke ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 24/04/2023.

P. C. :

A) ORDER IN CIVIL APPLICATION NO.5460 OF 2023 :

1.

Heard rival submissions.

2.

The applicants are seeking permission to bring themselves on record in the appeal being the legal representatives of sole respondent - claimant - Dattu Dagdu Bhillare, who admittedly died on 11/12/2019, by condoning the delay of 312 days. 3.

There is no strong objection from other side and considering the right to defend, the application stands allowed in terms of prayer clause-B.

4.

The appellant - acquiring body is directed to carry out the amendment forthwith.

5.

Application is accordingly disposed of.

2 64 CA 5460-23+ B) ORDER IN CIVIL APPLICATION NO.4318 OF 2023 :

1.

Heard rival submissions.

2.

The applicants are seeking deletion of name of respondent No.1, who died on 17/01/2019 and whose legal heirs are already on record.

3.

The learned counsel for the acquiring body also accepted such position. As such the application stands allowed in terms of prayer clause-B and disposed of.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-