Jalindar Yeshwant Thosar And ORS v. The State Of Maharashtra, Through The Collector, Osmanabad And ORS

{1} ca13716.21.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.13716 OF 2021 IN FIRST APPEAL ST. NO. 13424 OF 2021 Jalindar Yashwant Thosar & others Applicants

Versus

The State of Maharashtra & others Respondents Mr. Abhiit S. More, advocate for the Applicants Mr. P. N. Kutti, AGP for Respondents No.1 & 3. Mr. A. M. Gaikwad, advocate for Respondent No.2. CORAM : SANDIPKUMAR C. MORE J.

DATE : 15th September, 2022.

PC :

Heard.

Leave to correct name of applicant no.4 in the Civil Application and Respondent No.2 in the main appeal memo. This is an application for bringing on record legal representatives of deceased Respondent No.2 Waman Yashwant Thosar who admittedly died on 31st July, 2020, as per the copy of the death certifcate annexed with the application. Though there is delay in bringing on record such legal representatives, but the same can be condoned as the right to defend still survives. As such, the application is allowed in terms of prayer

{2} ca13716.21.odt clause "B". The appellant-acquiring body i.e. present Respondent No.2 is directed to carry out the amendment within stipulated period.

Stand over to 13.10.2022.

(SANDIPKUMAR C. MORE) JUDGE adb