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Bombay High CourtCA/16468/2022disposed off

Dasarao Nivrutti Jadhav (Died) Thr Lrs Satyavijay And ORS v. The State Of Maharashtra

2022-12-13Hon'Ble Shri Justice Sandipkumar C. More2 pages

1 919 & 920 ca 16467-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 919 CIVIL APPLICATION NO.16467 OF 2022 IN FA/309/2006 DASRAO NIVRUTTI JADHAV (DECEASED) THR LRS.

SATYAVIJAYDEVIDASRAO @ DASRAO JADHAVAND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, LATUR ...

Advocate for Applicants : Mr. Madde Shrikant B. AGP for Respondent: Mr. S. N. Kendre ...

AND 920 CIVIL APPLICATION NO.16468 OF 2022 IN FA/310/2006 DASARAO NIVRUTTI JADHAV (DIED) THR LRS SATYAVIJAY ANDORS

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Madde Shrikant B. AGP for Respondent: Mr. P. M. Kulkarni ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 13/12/2022.

P. C. :

1.

Heard rival submissions.

2.

The applicants are seeking permission to bring themselves on record being the legal representatives of the sole appellant - Shri Dasrao Nivrutti Jadhav in the appeal, who admittedly died on 06/05/2010. There appears delay of 4455 days in both these applications.

2 919 & 920 ca 16467-22 3.

The learned AGP strongly opposed the application on the ground that the delay in bringing the legal heirs is inordinate in both these applications.

4.

However, considering the right to sue, the applications are allowed in terms of prayer clause B & C.

5.

The applicants shall carry out the amendment within the stipulated period in both these applications. 6.

Both the civil applications are accordingly disposed of. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-