Dattatraya Vitthal Kapse (Died) Thr Lrs. Muktabai Dattatraya Kapse And ORS v. The State Of Maharashtra Through District Collector, Osmanabad And ANR
{1}
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO.16834 OF 2022 IN FIRST APPEAL NO. 3177 OF 2015 Dattatraya s/o Vithal Kapse (died) through L. Rs.
Applicants
Versus
The State of Maharashtra & another Respondents Mr. Prasad B. Kadam, advocate holding for Mr. K. B. Bhise, advocate for the Applicants Mr. S. N. Kendre, AGP for Respondent No.1.
CORAM : SANDIPKUMAR C. MORE, J.
DATE : 01st February, 2023.
PC :
Heard rival submissions.
The applicants are seeking condonation of delay of 177 days in fling application for bringing themselves on record.
It is to be noted that the applicants have fled separate application for bringing themselves on record and this application is for condonation of delay in fling the said application.
{2} In view of the same, Civil Application is allowed in terms of prayer clause "B" and disposed of.
(SANDIPKUMAR C. MORE) JUDGE adb
{3}
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO.16835 OF 2022 IN FIRST APPEAL NO. 3177 OF 2015 Dattatraya s/o Vithal Kapse (died) through L. Rs.
Applicants
Versus
The State of Maharashtra & another Respondents Mr. Prasad B. Kadam, advocate holding for Mr. K. B. Bhise, advocate for the Applicants Mr. S. N. Kendre, AGP for Respondent No.1.
CORAM : SANDIPKUMAR C. MORE, J.
DATE : 01st February, 2023.
PC :
The applicants are seeking permission to bring themselves on record, being the legal representatives of sole respondent-claimant Dattatraya Vithal Kapse, who, admittedly died on 03.02.2020.
Delay condonation application, for this purpose, is already allowed. As such, considering the right to defend, this application also stands allowed in terms of prayer clause "B" and is disposed of. The State-acquiring body is directed to
{4} carry out the amendment within stipulated period. Civil Application is disposed of.
(SANDIPKUMAR C. MORE) JUDGE adb