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Bombay High CourtCA/11783/2014admittedallowedgrantedrule absolute

Maruti Harji Suryawanshi And Others v. State Of Maharashtra And Others

2025-11-18Hon'Ble Shri Justice Abhay J. Mantri4 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 938 SECOND APPEAL NO. 29 OF 1990 MARUTI HARAJI SURYAWANSHI AND OTHERS.

....Appellant

VERSUS

THE STATE OF MAH.THRO.COLLECTOR AND OTHERS.

.....Respondent WITH CIVIL APPLICATION NO. 10959 OF 2025 WITH CIVIL APPLICATION NO. 10957 OF 2025 WITH CIVIL APPLICATION NO. 10962 OF 2025 WITH CIVIL APPLICATION NO. 10961 OF 2025 WITH CIVIL APPLICATION NO. 10956 OF 2025 WITH CIVIL APPLICATION NO. 11783 OF 2014 WITH CIVIL APPLICATION NO. 11784 OF 2014 Mr. G. D. Kale, Advocate for the appellant Ms Janvi Gharge, Advocate h/f Mr. V. D. Gunale, Advocate for respondent Mr. K. S. Patil, APP for the respondents/State CORAM : ABHAY J. MANTRI, J.

DATE : 18th NOVEMBER, 2025

(2) PER COURT :

CIVIL APPLICATION NO. 11783 OF 2014 The applicants have moved this application to condone the delay in filing the application for bringing the LRs of respondent Nos. 2 to 5 and permit them to bring their names on record, for which the learned advocates for the respondents have no objection. application and having no objection from the respondents, the application is allowed. The delay is condoned. The applicants are permitted to bring the legal heirs of respondent Nos. 2 to 5 on record within a period of two weeks and supply a copy of the amended appeal memo to the respondents within a period of one week thereafter, failing which, the appeal shall stand dismissed without further reference to the court. The order of abatement, if any, is set aside.

CIVIL APPLICATION NO. 10956 OF 2025 Issue notice to the proposed respondents Nos. 5-B-1 to 5B-3, returnable on 16-12-2025.

(3) CIVIL APPLICATION NO. 10961 OF 2025 WITH CIVIL APPLICATION NO. 10959 OF 2025 WITH CIVIL APPLICATION NO. 10957 OF 2025 The applicants have moved these applications to condone the delay in filing the applications for bringing the LRs of appellant Nos. 1, 4 & 5, respectively and permit them to bring their names on record, for which the learned advocates for the respondents have no objection.

applications and having no objection from the respondents, the applications are allowed. The delays in filing the application are condoned. The applicants are permitted to bring the legal heirs of appellant Nos. 1, 4 and 5 on record within a period of two weeks and supply a copy of the amended appeal memo to the respondents within a period of one week thereafter, failing which, the appeal shall stand dismissed without further reference to the court. The order of abatement, if any, is set aside.

(4) CIVIL APPLICATION NO. 10962 OF 2025 The applicants have moved this application for extension of time to bring the legal heirs of applicant/appellant No.2 on record and permit them to carry out the amendment as per the order dated 09-06-2015.

application and no objection by the respondents, two weeks' time is extended to comply with the order, failing which the appeal shall stand dismissed.

CIVIL APPLICATION NO. 11784 OF 2014 This application will be heard along with the main appeal.

[ABHAY J. MANTRI, J. ] VishalK/938ca11783.14.odt