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Bombay High CourtCA/13352/2023disposed off

Michael Gilbert Joseph Desouza Died Thr Lrs Cecilia Died Thr Adrian Died Thr Colleen And ORS v. The State Of Mah And ORS

2023-11-03Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Y. G. Khobragade2 pages

13352.23ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 984 CIVIL APPLICATION NO.13352 OF 2023 IN CA/12590/2012 WITH CA/12590/2012 IN RAST/24932/2012 IN WP/840/2009 MICHAEL GILBERT JOSEPH D'SOUZA, DIED, THR LRS CECILIA, DIED, THR ADRIAN MICHAEL D'SOUZA, DIED, THR MRS. COLLEEN CLAUDIUS LAZARUS AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr Sanket N. Suryawanshi, Advocate for Applicants; Mr P. K. Lakhotiya, A.G.P. for Respondents/State CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 3rd November, 2023 PER COURT:

1.

The Applicants submit that the original Petitioner has passed away on 17/03/2019. These Applicants are his legal heirs. By this Civil Application, they pray that their names be brought on record as Respondents in Civil Application No.12590/2012, as well as, in Review Application (St.) No.24932/2012, preferred by the State in 2012, by condoning the delay of 1571 days. 2.

For the reasons set out, this Civil Application stands allowed. The Applicants shall be brought on record as

13352.23ca (2) Respondents in Civil Application No.12590/2012, as well as in Review Application (St.) No.24932/2012, within two weeks. 3.

The learned Advocate for these Applicants waives service of notice on behalf of all the added Respondents in the Review Application.

4.

List the Review Application for admission/hearing on 29/11/2023.

(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk