Gayandeo S/O Kondiba Magar Died Thr Lrs Radhabai And ORS v. The State Of Maharashtra, Through The Collector And ANR

2025:BHC-AUG:24434 31-sr956.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7553 OF 2025 IN FA/1929/2025 Gayandeo S/o Kondiba Magar Died Thr Lrs Radhabai And Ors

VERSUS

The State Of Maharashtra, Through The Collector And Anr ---- Mr.L.C.Patil, Advocate for applicants Mr.S.S.Dande, AGP for respondent no.1 Ms Ashwini Hoge Patil, Advocate for respondent no.2 ----

CORAM

:

AJIT B. KADETHANKAR, J.

DATE :

SEPTEMBER 09, 2025 ORDER :- Heard.

2.

Mr.L.C.Patil, learned counsel for the applicants, submits that the First Appeal is filed by the acquiring body as against the judgment and award passed in the L.A.R. No.545 of 2000, by learned 2nd Jt. Civil Judge, Senior Division, Osmanabad. Present application is filed to bring on record the legal representatives of the deceased claimant. It is further contended that there is delay of 2119 days in filing the application. He submits that due to lack of communication inter se the parties and their advocates, legal representatives of the deceased claimant could not be brought on record earlier. He further submits that delay is not intentional nor deliberate. With this, he prays

31-sr956 for condonation of delay and permission to get the present applicants incorporated in the place of the deceased original claimant.

3.

Learned AGP for respondent no.1 and learned counsel appearing for respondent no.2 fairly do not oppose the application. 4.

In the circumstances, the following order:- (i) The delay of 2119 days caused in filing the present application stands condoned. The applicants be incorporated in the appeal in the capacity of the legal representatives of deceased - Gayandeo and Sakharabai.

(ii) Amendment be carried out within three weeks from today.

(iii) The application stands disposed of accordingly. [AJIT B. KADETHANKAR, J.] KBP