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Bombay High CourtCA/5666/2023admittedallowedgrantedrule absolute

Shantkumar Kashinath Tongale (Died) Thr Lrs. Nirmala Shantkumar Tongale And ORS v. The State Of Maharashtra, Through The Collector, Osmanabad And ORS

2023-08-17Hon'Ble Shri Justice Sandipkumar C. More2 pages

5 CA-566-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 5 CIVIL APPLICATION NO. 5666 OF 2023 IN FIRST APPEAL NO. 3348 OF 2021 SHANTKUMAR KASHINATH TONGALE (DIED) THROUGH LRS. NIRMALA SHANTKUMAR TONGALE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR OSMANABAD AND OTHERS ...

Mr. Akash Madne h/f. Mr. A.B. Kale - Advocate for Applicants Mr. B.V. Virdhe - AGP for Respondent Nos.1 and 3 Mr. M.C. Swami - Advocate for Respondent No.2 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 17th August, 2023 PER COURT :

1.

Heard rival submissions.

2.

The applicants are seeking permission to bring themselves on record in the appeal being the legal representatives of respondent No.1 - claimant, who admittedly died on 18.05.2022, by condoning the delay of 252 days. 3.

There is no strong objection from other side and considering the right to defend, the application stands allowed Pooja K.

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5 CA-566-2023 in terms of prayer clauses 'B' and 'C'

.

4.

The appellant - acquiring body is directed to carry out the amendment within stipulated period.

5.

The civil application is accordingly disposed of. [ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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