Navalsing Dalsing Rathod Died Thr Lrs Champabai And ORS v. The State Of Maharashtra And Others

2024:BHC-AUG:15510-DB 925ca6702-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 925 CIVIL APPLICATION NO. 6702 OF 2024 IN WP/13540/2019 NAVALSING DALSING RATHOD DIED THR LRS CHAMPABAI AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. Vishwajit R. Jain-Kamboj, Advocate for Applicants Mr. B. M. Dhanure, AGP for Respondents State Mr. R.B. Narwade-Patil, Advocate for Respondent No.4

CORAM

: RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE : 20th July, 2024 ORDER:

1.

The Writ Petition is abated against the deceased Petitioner. Delay of 696 days is caused in filing the application for restoration. 2.

We have heard the learned Advocates for the respective sides. The respondents oppose.

3.

For the reasons set out and considering that the Petitioner met an untimely death, the legal heirs before us have no source of income and the mother being 70 years of age, this Civil Application is allowed. Delay of 696 days is condoned without imposing costs. 4.

The legal heirs be brought on record in the Writ Petition within 15 days and thereafter, the order of abatement shall stand recalled.

( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan