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Bombay High CourtCA/11338/2022admittedallowedgrantedrule absolute

Rangnath Ramchandra Manwatkar (Died) Thr Lrs Kamalbai And ORS v. The State Of Maharashtra Thr The Collector, Jalna And ORS

2022-08-25Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1) 952 CA-11338.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 952 CIVIL APPLICATION NO.11338 OF 2022 IN FA/2986/2021 RANGNATH RAMCHANDRA MANWATKAR (DIED) THROUGH LRS KAMALBAI AND OTHERS

VERSUS

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

Mr. I.K. Wagh, Advocate holding for Mr. K.M. More, Advocate for the applicants.

Mr. P.N. Kutti, A.G.P. for respondent No.1.

Mr. S.P. Sonpawale, Advocate for respondent No. 2. Mr. P.B. Jadhav, Advocate for respondent No. 3. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

25.08.2022.

ORDER:- 1.

Heard. The applicants, who are the legal heirs of original claimants, are seeking permission to bring themselves on record, even after disposal of the main appeal, by condoning delay of 4057 days. It appears that the original claimant Rangnath Ramchandra Manwatkar had already died, but on his behalf one of the applicants namely applicant No. 2 Babasaheb had fled the main appeal, but the other applicants were not party to that appeal. However, the said appeal was compromised before the Lok Adalat dated 25th September 2021 with respondent - State by all these applicants. However,

(2) 952 CA-11338.2022.odt since the names of other applicants were not brought on record in the appeal, there is diffculty in withdrawal of the amount. In view of the same, the application is hereby allowed by condoning delay of 4057 days. The applicants are hereby permitted to bring themselves on record as legal representatives of deceased Rangnath Ramchandra Manvatkar as mentioned in prayer clause [C] of the application. The amendment accordingly be carried out.

(SANDIPKUMAR C. MORE, J.) vd_dhirde