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Bombay High CourtCA/13507/2019disposed offdismissed for default

Maruti Ganpati Gaikwad (Died) Thr Lrs Badrinath And ANR v. The State Of Maharashtra And ORS

2019-11-20Hon'Ble Shri Justice Mangesh S. Patil2 pages

38.4.CA.13507.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 38.4 CIVIL APPLICATION NO.13507 OF 2019 IN FA/1239/2016 MARUTI GANPATI GAIKWAD (DIED) THR LRS BADRINATH AND ORS.

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicants : Mr. Jayabhar Dattatraya R. AGP for Respondent/State: Mr. S.P. Deshmukh ...

CORAM

: MANGESH S. PATIL, J.

DATE : 20.11.2019 PER COURT :

This is an application by the legal representatives of the original claimants seeking to come on record in this appeal preferred by the acquiring body, simultaneously seeking condonation of delay in bringing on record the legal representatives. 2.

The learned A.G.P. opposes the application. The learned advocate for the acquiring body is absent.

3.

It appears that the original claimant has died on 10.01.2017 and thus there is enormous delay in filing of this application.

4.

However, simultaneous it is also important to note that the reference court had decided the matter on 10.04.2006 and still the 1/2

38.4.CA.13507.19.odt appeal was filed in the year 2014. It is in view of such state of affairs, in my considered view, the application deserves to be allowed. 5.

The application is accordingly allowed.

(MANGESH S. PATIL, J.) habeeb 2/2