Shobhatai Vithalrao Babras Died Her Lrs Pradip And Others v. The State Of Maharashtra And Others

2025:BHC-AUG:17681-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4850 OF 2025 IN WRIT PETITION NO. 13553 OF 2019 Shobhatai Vithalrao Babras Died Through Lrs Pradip Died Through Lrs Jayashri And Ors ...Applicants/Petitioners

Versus

The State of Maharashtra & Ors.

...Respondents

WITH CIVIL APPLICATION NO. 4852 OF 2025 IN WRIT PETITION NO. 13553 OF 2019 ***  Mr. Hrishikesh V. Tungar, for Applicants/Petitioners.  Mr. R. K. Ingole, AGP for Respondent - State. *** CORAM : MANISH PITALE AND Y. G. KHOBRAGADE, JJ.

DATE : 09th JULY 2025.

P. C. :

1.

During the pendency of this petition, original petitioner Shobhatai w/o Vithalrao Babras expired and her legal representatives were to be brought on record. While the said aspect was being pursued, one of her legal representatives i.e. Pradip Vithalrao Babras also expired, due to which, these two applications have been filed on behalf of the applicants. We find that copies of death certificates of both, the original petitioner - Shobhatai Vithalrao Babras and one of

her legal representative Pradip Vithalrao Babras, have been placed on record with these two applications. It is also brought to the notice of this Court that one of the legal representatives of the original petitioner Shobhatai is not available for signatures and therefore, she has been shown as respondent No.5 in both these applications. A prayer is made on behalf of the applicants that these two applications may be allowed in the interest of justice, so that all the legal representatives of the deceased original petitioner are brought on record.

2.

There is some delay in moving these applications, but, considering the statements made in the applications, we are inclined to condone the delay. Accordingly, delay is condoned in both the applications and the said applications are allowed, as a consequence of which, legal representatives are permitted to be brought on record in line with the prayers made in these two applications. One of the legal representatives not being available for signatures i.e. Shubhangi Vasudevrao Dixit is permitted to be shown as respondent No.5. 3.

The applications stand allowed in above terms. The amendments be carried out within two weeks from today.

4.

Consequent upon amendments being carried out, notice be issued to the newly added respondent No.5, returnable on 20th August 2025.

(Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.) Signed by: Shrikant Malani Designation: PA to Hon'ble Judge Date: 10/07/2025 10:41:53