Subhash Sangappa Zidge And Others v. The State Of Maharashtra And Others

C.A. No.10455/2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO.10455 OF 2017 IN WRIT PETITION NO.1982 OF 2004 Subhas Sangappa Zidge & ors.

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APPLICANTS

VERSUS

The State of Maharashtra & ors.

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RESPONDENTS .....

Shri V.C. Solshe, Advocate for applicants Shri Y.G. Gujarathi, A.G.P. for R.No.1.

Shri S.N. Rodge, Advocate for R.No.2.

Shri S.S. Manale, Advocate for R.No.3 .....

CORAM:

R.D. DHANUKA AND SUNIL K. KOTWAL, JJ.

DATED:

12th October, 2017.

ORAL ORDER:

1.

By this Civil Application, the applicants seek condonation of delay of 11 years and 220 days, for setting aside the abatement, if any, and to implead the legal heirs of petitioner No.6 on record. No affidavit-in-reply is filed by any of the respondents.

2.

We have heard the learned counsel for the applicants and the respondents. Delay is sufficiently explained in the Civil Application. Be that as it may, no hardship is caused to the respondents in this Civil Application, which is for bringing the

C.A. No.10455/2017 legal representatives of petitioner No.6 on record. We are thus inclined to condone the delay. The Civil Application is accordingly made absolute in terms of prayer clauses (B), (C) and (D). amendment shall be carried out within four weeks from today. (SUNIL K. KOTWAL) (R.D. DHANUKA) JUDGE JUDGE fmp/