Sambhaji Ganpati Madne (Died) Thr Lrs Tejprakash (Died) Thr Lrs Sujata v. The State Of Maharashtra And ORS

9602.18ca etc (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.9602 OF 2018 IN/WITH CIVIL APPLICATION (ST.)NO.33589 OF 2017 IN FIRST APPEAL NO.2197 OF 2016 Sambhaji s/o Ganpati Madne (died) through L.Rs.

1) Tejprakash s/o Sambhaji Madne, (died) through LRs & anr.

..APPLICANTS

VERSUS

The State of Maharashtra, Through the Collector, Latur & ors ..RESPONDENTS Mr H. V. Tungar, Advocate for applicants;

Mr S. M. Ganachari, A.G.P. for respondent Nos.1 & 2;

Mr S.S. Dande, Advocate for respondent No.3;

Mr. G. R. Syed, Advocate for respondent No.4/1 & 4/2 CORAM : PRASANNA B. VARALE & S. M. GAVHANE,JJ.

DATE : 10th AUGUST, 2018 ORAL ORDER :

Heard learned Counsel appearing on behalf of the applicants.

2.

Learned Counsel for the applicants submits that due to communication gap between the Counsel and the applicants, objections could not be removed. He then submits that delay caused in

9602.18ca etc (2) filing the application was unintentional and for bona fide. It is submitted that the applicant Sujata, who is legal representative of deceased applicant Tejprakash Sambhaji Madne prosecuting her studies, as such, was not conversant with the legal procedure.

3.

Learned Counsel for the applicants submits that he be permitted to remove office objections and as office objections were not removed, registration of the application was refused.

4.

In view of the submission of learned Counsel for the applicants and for the reasons stated in the application, the application is allowed in terms of prayer clauses (B) & (C), subject to removal of office objections within two weeks from today.

Civil Applications are disposed of.

(S. M. GAVHANE) (PRASANNA B. VARALE) JUDGE JUDGE Tupe