Gayabai Shankar Gurav (Died) Thr Lrs Balbhim And ORS v. The State Of Maharashtra And Others

4-ca-8562-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.8562 OF 2017 IN FA/1334/2016 GAYABAI SHANKAR GURAV (DIED) THROUGH LRS BALBHIM AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr. B.K. Pawar, Advocate h/f Mr. Ajeet Kale, Advocate for the Applicants Mr. B.V. Virdhe, AGP for Respondent Nos.1 and 2 /State ....

CORAM : SHRIKANT D. KULKARNI, J.

DATE : 20th DECEMBER, 2021 PER COURT:- 1.

It is an application for bringing legal heirs of the original claimant, on record.

2.

Heard Mr. B.K. Pawar holding for Mr. Ajeet Kale, learned counsel for the applicants and Mr. B.V. Virdhe, learned AGP for respondent nos.1 and 2. None present for respondent no.3, though duly served.

4-ca-8562-17 3.

There seems to be delay of 93 days in preferring this application for bringing legal heirs of original claimant. 4.

Having regard to the nature of dispute, delay needs to be condoned and permission needs to be accorded to bring on record the legal heirs of original claimant.

O R D E R

(i) The application is hereby allowed.

(ii) The applicants are permitted to bring them on record as a legal heirs of original claimants by making necessary corrections in the appeal memo. (iii)The applicants are permitted to withdraw the amount as per the order passed earlier by this Court dated 22.01.2017.

(iv)The civil application is accordingly disposed of. [ SHRIKANT D. KULKARNI ] JUDGE S.P. Rane