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Bombay High CourtCA/10646/2025admittedallowedgrantedrule absolute

Sona Mansaram Sambre Deceased Through Lrs Nathu Deceased Through Lrs Kokila And ORS. v. Maharashtra Industrial Development Corporation, Jalgaon And ORS.

2025-10-01Hon'Ble Shri Justice Ajit B. Kadethankar2 pages

2025:BHC-AUG:27579 ( 1 ) 921 CA 10646 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 CIVIL APPLICATION NO. 10646 OF 2025 IN FA/690/2015 SONA MANSARAM SAMBRE DECEASED THROUGH LRS NATHU DECEASED THROUGH LRS KOKILA AND ORS.

VERSUS

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION, JALGAON AND ORS.

...

Mr. S. H. Tripathi, Advocate for Appellant Mr. S. S. Dande, Advocate for Respondent no.1 ...

CORAM

: AJIT B. KADETHANKAR, J.

DATE : 01.10.2025 PER COURT :- 1.

Mr. Tripathi, learned counsel for the applicants, submits that during the pendency of the appeal, appellant Sona Sambre is died. He further submits that, pursuant to the death of Sona Sambre, the title clause of the First Appeal was amended by incorporating the names of Nathu and Chandrabhaga as the legal representatives of the deceased Sona. Mr. Tripathi now submits that Nathu, i.e., appellant no.1, is also died and his interest is now survived by his legal representatives, i.e., appellant nos. 1A to 1D. Mr. Tripathi submits that, due to unawareness of the legal proceedings, the application could not be filed earlier. Hence, he prays that the delay be

( 2 ) 921 CA 10646 OF 2025 condoned and that he be permitted to amend the title clause of the First Appeal and the applications, if any, therein. 2.

Mr. Dande, learned counsel for respondent no.1 places his no objection to allow this application.

3.

Hence I pass the following order :-

ORDER

a.

Civil Application is allowed.

b.

Delay caused in filing the application is hereby condoned. c.

Applicant is permitted to amend the title clause of the appeal and applications, if any, therein thereby incorporating the names of applicant nos.1A to 1D as legal representatives of appellant no.1 Nathu Sambre within four weeks from today. d.

Civil Application stands disposed of.

4.

Stand over to 12.11.2025.

[AJIT B. KADETHANKAR, J.] PRW