Gokul Bhanudas Markad v. The State Of Maharashtra Through Its Collector

2025:BHC-AUG:26926 13-sr929.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10503 OF 2025 IN FA/2965/2024 Gokul Bhanudas Markad

VERSUS

The State Of Maharashtra Through Its Collector ---- Mr.A.B.Kale, Advocate for applicant Mr.S.S.Dande, AGP for respondent nos.1 and 2 Mr.Suresh W. Munde, Advocate for respondent no.3 ----

CORAM

:

AJIT B. KADETHANKAR, J.

DATE :

SEPTEMBER 25, 2025 ORDER :- Mr.A.B.Kale, learned counsel for the applicant, submits that during pendency of this appeal, claimant - Gokul Bhanudas Markad died on 27.07.2024. In view of this, he submits that applicant nos.1 to 5 need to be arrayed in the title clause of the appeal and application filed therein, on behalf of the acquiring body. He would further submits that applicant nos.1 to 5 would represent the deceased claimants in the capacity of his legal representatives. He would submit that there is delay of 174 days in filing this application. He would submit that in the interest of justice and as the right to receive the correct compensation has accrued in favour of the applicants being legal representatives of deceased claimant, the application may be allowed by condoning the delay.

13-sr929 2.

Mr.Munde, learned counsel for the acquiring body, in all fairness, places his non objection to allow the application. 3.

In view of the above, the Civil Application is allowed. The delay in bringing the the legal representatives of the deceased claimant on record, stands condoned. Learned counsel for the appellant - acquiring body to carry out the necessary amendment in the First Appeal and the applications therein, thereby incorporating the names of the present applicants in the capacity of legal representatives of the deceased claimant, within two weeks. The Civil Application stands disposed of.

[AJIT B. KADETHANKAR, J.] KBP