Shesherao Jeevan Kadam And ORS v. The State Of Maharashtra Thr Collector Osmanabad And ORS

55-sr90.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8255 OF 2025 IN FAST/11524/2023 Shesherao Jeevan Kadam And Ors

VERSUS

The State Of Maharashtra Through Collector Osmanabad And Ors ---- Mr.P.B.Rakhunde, Advocate for applicants Mr.S.S.Dande, AGP for respondent nos.1 and 2 Mr.B.V.Virdhe, Advocate for respondent no.3 ----

CORAM

:

AJIT B. KADETHANKAR, J.

DATE :

SEPTEMBER 22, 2025 ORDER :- Heard Mr.Rakhunde, learned counsel for applicants; learned AGP for respondent nos.1 and 2; and Mr.Virdhe, learned counsel for respondent no.3 2.

It is submitted that during pendency of appeal, respondent no.2 has died. It is further submitted that respondent nos.2A and 2B are the legal representatives of deceased respondent no.2. It is also submitted that even, respondent no.2B is also died and respondent nos.2B1, 2B2 and 2B3 are his legal representatives. Mr.Rakhunde submits that in the interest of justice, the legal representatives of the deceased parties may be arrayed in the title clause of the appeal and

55-sr90 the application therein. He further submits that there is delay of 2152 days caused in filing the present application, as the proposed legal representatives/present applicants were unaware of the pendency of the present legal proceedings. He prays that the delay in filing the application may also be condoned. 3.

Mr.Virdhe, learned counsel for respondent no.3 acquiring body has no objection for allowing the present application. 4.

In view of the above, the application is allowed. The delay caused in filing the appeal is condoned. The appellant to amend the title clauses of the appeal and the application therein, by incorporating respondent nos.2A and respondent nos.2B1, 2B2 and 2B3.

[AJIT B. KADETHANKAR, J.] KBP