Bhagwan Jaykuji Nirval Died Thr Lrs Sitabai Vinayakrao Lahane v. The State Of Maharashtra Through The Collector, Jalna And ORS

2024:BHC-AUG:9116 31(A)-CA-3632-2024+.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4465 OF 2024 WITH CIVIL APPLICATION NO. 3632 OF 2024 IN FA/927/2017 BHAGWAN JAYKUJI NIRVAL (DIED) THR. LRS SITABAI VINAYAKRAO LAHANE

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR PARBHANI AND ORS ....

Mr. D. M. Kakade, Advocate for applicant Mr. S. V. Hange, AGP for respondent Nos. 1 and 2 Mr. S. M. Ganachari, 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 721 days excluding the period of pandemic Covid-19, caused for bringing the legal heirs of deceased appellant/original claimant on record as well as setting

(( 2 )) 31(A)-CA-3632-2024+ aside the abatement and permission to bring the legal heirs of deceased appellant on record.

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