Sarubai Dashrath Nirval Died Thr Lrs Datta Dashrath Nirval And ANR v. The State Of Maharashtra Through The Collector, Jalna And ORS

2024:BHC-AUG:9121 31(B)-CA-4466-2024++.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4466 OF 2024 WITH CIVIL APPLICATION NO. 3633 OF 2024 IN FA/924/2017 SARUBAI DASHRATH NIRVAL DIED THR LRS DATTA DASHRATH NIRVAL AND ANR

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, JALNA AND ORS ....

Mr. D. M. Kakade, Advocate for applicants Mr. S. V. Hange, AGP for respondent Nos. 1 and 2 Mr. A. V. Nadawale, Advocate h/f Mr. A. M. Gaikwad, Advocate for respondent No.3 ....

CORAM : Y. G. KHOBRAGADE, J.

DATE : 29 APRIL 2024 PER COURT :- 1.

Heard the learned Counsel for respective parties at length.

2.

By the present application, the applicants/claimants prays for condonation of delay of 1545 days caused for bringing the legal heirs of deceased appellant/original claimant on record as well as setting aside the abatement and permission to bring the legal heirs of deceased appellant on record.

(( 2 )) 31(B)-CA-4466-2024++ 3.

The delay explained by the applicant appears to be bona-fide and justifiable. Therefore, the delay is hereby condoned. The abatement is quashed and set aside. The applicant is permitted to bring the legal heirs of deceased appellant on record. 4.

Necessary amendment be carried out within a period of two weeks from today.

5.

Both the civil applications are accordingly disposed of. [ Y. G. KHOBRAGADE, J. ] SMS