Bhagwan Tukadu Bagul Thr Lrs Ramkrishna Bhagwan Bagul v. The Town Planning Authority And Others

ca1589.21 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 CIVIL APPLICATION NO.1589 OF 2021 IN WP/5749/2010 WITH WP/5749/2010 BHAGWAN TUKADU BAGUL THR LRS RAMKRISHNA BHAGWAN BAGUL

VERSUS

THE TOWN PLANNING AUTHORITY AND OTHERS ...

....

Mr Deepak Rajput, Advocate holding for Mr B.R. Warma, Advocate for applicants;

Mr A.S. Golegaonkar, Advocate for respondent no.1 Mr P.S. Patil, Addl. G.P. for respondent nos.2 & 3 CORAM : RAVINDRA V. GHUGE AND S. G. MEHARE, JJ.

DATE : 13th August, 2021 PER COURT:

1.

By this application, which suffers a delay of 157 days, the applicants who themselves are above 65 years of age, claim to be the legal representatives of the deceased sole petitioner who passed away on 19 th April, 2020. The application for bringing the legal representatives on record has been filed on 19th December, 2020. 2.

The learned Advocates appearing suo motu on behalf of the respondents do not oppose as the death occurred during the National Lockdown effected from 24th March, 2020 onwards. 3.

Considering the peculiar facts as recorded above, this application is allowed. The delay is condoned without imposing costs. The applicants

ca1589.21 (2) shall be brought on record in the writ petition as legal representatives of the sole deceased petitioner, on or before 31st August, 2021. 4.

List the writ petition for final hearing on 23rd September, 2021. (S. G. MEHARE, J.) (RAVINDRA V. GHUGE, J.) amj