Vishwanath Shankar Samangave (Died) Thr Lrs. Sunandabai And ORS v. The State Of Maharashtra, Through The Collector, Latur And ANR

(1) 911 CA-8601.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 CIVIL APPLICATION NO.8601 OF 2023 IN FA/778/2007 VISHWANATH SHANKAR SAMANGAVE (DIED) THROUGH LRS. SUNANDABAI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, LATUR AND ANOTHER ...

Mr. S.N. Lale Yelwatkar, Advocate for the applicants. Mr. S.P. Tiwari, A.G.P. for respondent - State. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

09.08.2023.

ORDER:- 1.

Heard rival submissions.

2.

The applicants are seeking permission to bring themselves on record in the appeal being the legal representatives of sole appellant Vishwanath Shankar Samangave, who admittedly died on 28.09.2009, by condoning the delay of 4911 days.

3.

The learned A.G.P. strongly opposed the application on the ground that considering the huge delay, the interest for the said period must be stopped while allowing the applicants to bring themselves on record.

4.

In view of the same and considering the right to sue, the application stands allowed in terms of prayer clause-B subject

(2) 911 CA-8601.2023.odt to condition that the applicants shall not be entitled for the interest for the period of aforesaid delay in case any enhanced compensation is granted to them.

5.

The applicants are directed to carry out the amendment within the stipulated period.

6.

Application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde