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Bombay High CourtCA/2770/2022disposed off

Pandurang Shamrao Patil (Died) Thr Lrs. Janabai Pandurang Patil And Others v. The State Of Maharashtra Through Collector, Latur And Another

2022-03-07Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

1 28-2770-2022ca

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 28 CIVIL APPLICATION NO.2770 OF 2022 IN FA/679/2018 PANDURANG SHAMRAO PATIL (DIED) THR LRS. JANABAI PANDURANG PATIL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, LATUR AND ANOTHER Mr D.P. Munde, Advocate for applicants Mr P.M. Kulkarni, A.G.P. for respondents no.1 and 2 CORAM : SHRIKANT D. KULKARNI, J.

DATE : 7th March, 2022 PER COURT :

1.

Mr D.P. Munde, learned Advocate for applicants seeks leave to file V.P. Leave granted. He may file V.P. with the Registry, so also remove office objections. 2.

It is an application for bringing on record legal heirs of original claimant with condonation of delay.

3.

There is delay of 851 days in moving the application for bringing on record the legal heirs of original claimant.

4.

Heard learned Advocates for the respective parties. 5.

On going through the record, it is noticed that original claimant has preferred this appeal against State for enhancement of compensation. The appeal is subjudice. Looking to the nature of dispute, it is necessary to condone the delay and allow this application.

ORDER

(i) The Civil Application is hereby allowed in terms of prayer clauses (B) and (C).

2 28-2770-2022ca (ii) The applicants to carry necessary amendment in the appeal memo and provide amended copy of appeal memo to the other side. (iii) The Civil Application is accordingly disposed of. ( SHRIKANT D. KULKARNI, J.) vvr