Gundappa Apparao Birajdar (Died) His Lrs Maroti And ORS v. The State Of Maharashtra And ORS

1 ca 12805. sr.955

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 954 CIVIL APPLICATION NO.12805 OF 2019 IN FAST/1731/2019 WITH CA/12806/2019 IN FAST/1731/2019 GUNDAPPA APPARAO BIRAJDAR (DIED) HIS LRS MAROTI AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicants : Mr. Laxmikant C. Patil AGP for Respondents: Mr. R.B. Bagul.

CORAM : K.K. SONAWANE, J.

DATED : 08th JANUARY, 2020.

ORDER :- Heard learned counsel for the applicant and learned AGP for respondent Nos. 1 and 2.

By this application, the applicants have prayed for taking them on record as LRs of deceased Gundappa Apparao Birajdar. However, there is delay in fling the application for taking them on record as LRs of deceased Gundappa. In support of the application, they have produced the death certifcate of deceased Gundappa and succession certifcate of the applicants, issued by the competent authority.

Admittedly, the deceased Gundappa passed away during the pendency of reference petition. However, the LRs of deceased Gundappa were not aware about the proceeding of Referene Petition pending before the Reference Court. Therefore, they could not secure their presence in the matter before Reference Court. By order dated 24th August, 2015, the learned CJSD, Latur has adjudicated the Reference Petition on merit. Thereafter, the LRS of deceased Gundappa came to know about the award passed by the Reference Court from the other villagers. Thereafter, they have approached this court by fling

2 ca 12805. sr.955 the present application alongwith prayer for condonation of delay. In view of these circumstances, I do not fnd any impediment to allow the application for taking the LRs of deceased Gundappa on record. The delay caused for fling the application is condoned. The application is accordingly allowed and disposed of.

[ K. K. SONAWANE ] JUDGE GRT/-