Babulal Samadhan Dhokane Died Through Lrs Lata Babulal Dhokane And Others v. Enquiry Officer Inspector And Others

2024:BHC-AUG:17846-DB 6529.24ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 939 CIVIL APPLICATION NO. 6529 OF 2024 IN WP/12221/2022 BABULAL SAMADHAN DHOKANE, DIED, THROUGH LRS LATA BABULAL DHOKANE AND OTHERS

VERSUS

ENQUIRY OFFICER, INSPECTOR, RAILWAY PROTECTION FORCE, BHUSAWAL AND OTHERS ....

Mr T. K. Sant, Advocate for Applicants;

Mr A. N. Patale, Standing Counsel for Respondents CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 9th August, 2024 PER COURT:

1.

The Applicants claim to be the legal heirs of the deceased sole Petitioner. By this Civil Application, they pray that their names be added in the Writ Petition. Applicant No.1-c/Tanvi Babulal Dhokane, is a 6 years old daughter of the deceased, who is represented by Applicant No.1-a, the widow of the deceased Petitioner.

6529.24ca (2) 2.

The learned Advocate for the Respondents opposes this Civil Application on the ground of delay, which is of 387 days.

3.

We have perused the reasons cited in the Civil Application. The delay is neither deliberate nor inordinate. The sole Petitioner has passed away. If the legal heirs are not permitted to be brought on record, the cause involving the valuable rights of the deceased Petitioner, would not be espoused. 4.

In view of the above, this Civil Application is allowed. The delay is condoned. The Applicants be brought on record in the Writ Petition within two weeks from today. Applicant No.1-c would be represented by Applicant No.1-a. (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk