Khimji Tejpal Lodaya Since Deceased Through Lrs Vinod Khimji Lodaya v. The State Of Maharashtra Through Revenue And Forest Department And Others
1 ca 4954.2023+
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 935 CIVIL APPLICATION NO.4954 OF 2023 WITH WP/8814/2022 WITH CA/4953/2023 IN WP/8814/2022 KHIMJI TEJPAL LODAYA SINCE DECEASED THROUGH LRS VINODKHIMJI LODAYA
VERSUS
THE STATE OF MAHARASHTRA THROUGH REVENUE AND FOREST DEPARTMENT AND OTHERS ...
Advocate for Applicant:
Mr. A. P. Nahar h/f. Mr. Bhandari Anand P.
Advocate for Respondents No.4&5:
Mr. Gorakhnath Kendre h/f. Mr. J. M. Murkute ...
CORAM :ARUN R. PEDNEKER, J.
DATE :06th SEPTEMBER, 2023 PER COURT:
1.
The learned counsel for the applicant / petitioner submits that Civil Application No.4953 of 2023 is filed to bring the legal representatives of deceased respondent no.7 on record and Civil Application No.4954 of 2023 is filed to bring the legal representatives of deceased respondent no.8 on record. There is delay of 164 days in filing both the civil applications. The proposed legal representatives of respondents no.7 and 8 are served through
2 ca 4954.2023+ regular service and / or through paper publication in both the civil applications.
2.
The learned counsel for the applicant / petitioner submits that it took him some time to discover the fact that respondents no.7 and 8 had passed away and thereafter, he has to secure the death certificates. He has to secure information of the legal heirs also. In view of the same, 164 days delay is caused in filing the civil applications for bringing the legal representatives of respondents no.7 and 8 on record.
3.
For the reasons stated, the delay is condoned. The civil applications are allowed and disposed of. Necessary amendment to be carried out in the petition within a period of three (03) weeks from today.
4.
Interim relief, if any, to continue till then.
5.
In the main petition, issue notice to the legal representative of respondents no.7 and 8, returnable on 18.10.2023.
[ARUN R. PEDNEKER, J.] marathe