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Bombay High CourtCA/16844/2022admittedallowedgrantedrule absolute

Ananda Bhau Pawar (Died) Thr Lrs. Kamalbai Ananda Pawar And ORS v. The G.M.I.D.C, Aurangabad Thr The Ex. Engineer (P.T And Miw No.1) Osmanabad And ORS

2024-01-23Hon'Ble Shri Justice R. M. Joshi1 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 16844 OF 2022 IN FIRST APPEAL NO. 138 OF 2019 Ananda Bhau Pawar (Deceased) through LRs & others .. Applicants

Versus

The G.M.I.D.C. Aurangabad & others .. Respondents Mr. P. S. Chavan, Advocate for the applicants. Mr. D. B. Bhange, AGP for the State.

Mr. N. L. Jadhav, Advocate for respondent No. 1. CORAM : R. M. JOSHI, J.

DATE : 23rd JANUARY, 2024.

PER COURT :

1.

This is an application for condonation of delay of 5266 days in bringing legal heirs of deceased applicant/appellant on record. Legal heirs of deceased applicant claim that they had no knowledge about the proceeding in question as the original appellant was pursuing the matter before the reference court till the time of his death.

2.

No malafides can be attributed to the applicants in not bringing themselves on record in time. In the interest of justice, application stands allowed in terms of prayer clause 'B' and 'C'. Amendment be carried out within a period of two weeks. ( R. M. JOSHI) Judge dyb