Santosh Eknath Zhalke (Died) Thr. Lrs. Sumitra Santosh Zhalke And ORS v. The State Of Maharashtra Through Slao Spe. Unit Aurangabad And ANR

2025:BHC-AUG:3545 C.A. No.10562/2024 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.10562 OF 2024 IN FIRST APPEAL NO.2177 OF 2024 Santosh Eknath Zhalke, Died L.Rs.

Sumitra Santosh Zhalke & ors.

... APPLICANTS

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS .......

Ms Akshara Sharad Madake, Advocate holding for Mr. Abhijit B. Kale, Advocate for applicants Mr. N.S. Tekale, A.G.P. for State Mr. Shambhuraje Deshmukh, Advocate for R.No.2 .......

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ.

DATE : 7th FEBRUARY, 2025 O R D E R :

This is an application for condonation of 35 days delay in preferring the application and for bringing legal representatives of deceased appellant No.1 on record. 2.

Heard learned Advocate for the applicants, learned A.G.P. for the State and learned Advocate for respondent No.2.

C.A. No.10562/2024 :: 2 ::

The original Reference was by applicant Santosh Eknath Zhalke, Shankar Eknath Zhalke and Sakharabai Eknath Zhalke. Sakharabai died before the judgment of Reference Court. Santosh Eknath Zhalke is son of said deceased Sakharabai. They are already on record. Now Santosh died and the applicants want the legal representatives of Santosh to be brought on record. In this view of the matter, we allow the application in terms of prayer clauses (D) and (B). (NEERAJ P. DHOTE, J.) (R.G. AVACHAT, J.) fmp/-