Reja Gava Valvi Died Thr Lrs Jaiwanti Reja Valvi And ORS v. The State Of Maharashtra Through Special Land Acquisition Officer 2 Nandurbar And ANR
2025:BHC-AUG:13934
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 12572 OF 2024 IN FAST/8500/2013 Ashok Goma Valvi Died Thr Lrs Gebibai And Ors CIVIL APPLICATION NO. 12577 OF 2024 IN FAST/8970/2013 Gulabsingh Nansingh Gavit Died Thr Lrs Dilip Gavit Died Thr Lrs Pallavi Dilip Gavit And Anr WITH CIVIL APPLICATION NO. 12576 OF 2024 IN FAST/8994/2013 Reja Gava Valvi Died Thr Lrs Jaiwanti Reja Valvi And Ors The State Of Maharashtra Through Special Land Acquisition Officer CIVIL APPLICATION NO. 12561 OF 2024 IN FAST/10775/2013 Surajabai Magan Vasave Died Thr Lrs Harischndra And Ors CIVIL APPLICATION NO. 13706 OF 2024 IN FAST/10826/2013 Emtha Babji Gavit Died Thr Lrs Jaysingh And Ors WITH
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CIVIL APPLICATION NO. 3204 OF 2025 IN FAST/8837/2013 Motiram Reva Gavit Died Thr Lrs Kusum Arjun Padavi And Ors .....
Mr. M. K. Deshpande, Advocate for Applicants Mr. A. D. Pawar, Mr. P. R. Nangare and Mr. C. T. Jadhav, Advocates for Respondent No.2 in respective applications. Mr. S. M. Ganachari and Ms. Chaitali Chaudhari-Kutti, AGP for Respondent-State in respective matters .....
CORAM : SHAILESH P. BRAHME, J.
DATED : 07TH MAY, 2025 PER COURT :- .
These are the applications for condonation of delay in bringing heirs of deceased applicants on record by setting aside abatement.
2.
Applicants are original claimants, who have preferred First Appeal for enhancement, challenging judgment and award passed by the Reference Court.
3.
Learned Counsel for the applicant tenders on record a chart disclosing the name of the deceased applicant, date of death and delay. The same is taken on record and marked as
Exh.-Y. It is clarified that this Court is not considering the matters at serial No.2, 3, 9 and 14 from the said chart. 4.
Learned Counsel for the applicants submits that the cause of action survives against the deceased appellants. The heirs as shown in the cause title are entitled to prosecute the appeals. These facts are not seriously disputed by the respondents. The death certificate and entitlement of the heirs to prosecute the matters are also not disputed. 5.
For the reasons stated in the applications, I deem it appropriate to condone the delay. Hence, Civil Applications are allowed in terms of prayer clauses (B) and (C). Applicants shall carry out amendment within period of six weeks. Applicants shall furnish undertaking within period of four weeks.
( SHAILESH P. BRAHME, J. ) Rushikesh/2025