Laxmibai @ Dhondabai Govind Patil (Died) Thr Lrs Priyanka And ORS v. The State Of Maharashtra And ORS

{1} 942 sr.no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 942 CIVIL APPLICATION NO.12850 OF 2019 IN FAST/1720/2019 WITH CA/12849/2019 IN FAST/1720/2019 LAXMIBAI @ DHONDABAI GOVIND PATIL (DIED) THR LRS PRIYANKA AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicants : Smt. L.R. Thakur, h/f. Mr.Laxmikant C. Patil AGP for Respondents: Mr. R.B. Bagul.

CORAM : K.K. SONAWANE, J.

DATE : 29th JANUARY, 2020.

PER COURT:

Heard learned counsel for the applicant, learned AGP for respondent No. 1.

2.

Perused application and relevant documents produced on record. Admittedly, deceased appellant namely Laxmibai Dhondabai Govind Patil fled reference petition under Section 18 of the Land Acquisition Act for enhancement of compensation. The Reference Court partly allowed the application and granted enhancement of compensation amount. However, pending appeal, the appellant Laxibai died on 24.9.2015. The applicants being legal representatives of deceased appellants fled present applications seeking permission for substitution in the proceedings as legal representatives of deceased applicants respectively on record by condoning the delay, if any, for fling the present petition.

3.

In view of reasons mentioned in the application and the attending circumstances on record as well as nature of subject

{2} 942 sr.no..odt matter,there is no impediment to allow the applications as prayed. Hence, civil applications for bringing legal representatives of deceased Laxmibai stands allowed in terms of prayer clause 'A' and 'B'. The delay, if any, caused for fling present application is hereby condoned. The abatement of proceedings against deceased appellants stand set-aside and quashed. The applicants be allowed for substitution in the proceedings as coapplicants/appellants. Registry to take note about the same. Accordingly, application stands disposed of. Requisite amendment be carried out within a period of three weeks.

[K.K. SONAWANE] JUDGE.

Grt/-.