Subhash Atmaram Lagad And Others v. The State Of Maharashtra Thro. Collector Beed And Others

31ca5647.17

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 31 CIVIL APPLICATION NO. 5647 OF 2017 IN SA/644/2016 SUBHASH ATMARAM LAGAD AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THRO. COLLECTOR BEED AND OTHERS ...

Advocate for Applicants : Mr.Tidke Rajendra D. and Mr.C.D. Biradar Advocate for Respondent No. 3B : Mr.J.J. Patil Advocate for Respondent Nos. 3A & 3C : Mr.M.D. Godhamgaonkar Advocate for Respondent Nos. 7 & 8 : Mr. Bhavthankar Vivek Vasantrao ...

CORAM : KISHORE C. SANT, J.

DATE : 03.11.2023.

PER COURT :

1.

This application is filed for bringing on record the legal representatives of respondent No. 4 Jija Vaijuba Ladad, Respondent No.5 Rangnath Vaijuba Lagad and Respondent No. 6 Paandharinath Ramchandra Lagad on record who are died during the pendency of the appeal. There is delay of 4562 days, 1519 days and 1531 days respectively in filing an application. 2.

The prayer is therefore, made for setting aside the abatement for condonation of delay. For the reasons stated in

31ca5647.17 the application, the application for condonation of delay is allowed and delay is condoned. The legal representatives be brought on record.

3.

Mr. Godamgaonkar and Mr. Muley, the learned Advocates submits that they have received the instructions to appear for respective legal representatives of the above deceased and they have waived the notice on their behalf. Thus, the application is allowed and disposed off.

5.

The appellants to carry out the amendment in title clause of the appeal within a period of two weeks from today. The abatement is set aside and delay is condoned. The Civil Application No. 5647 of 2017 stands disposed off. ( KISHORE C. SANT ) JUDGE mahajansb/