Shaikh Burhan Dagdu Shaikh Died Thr Lrs Tohrabi Burhan Shaikh And Others v. Special Land Acquisition Officer And Others

CA-249-2015+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 249 OF 2015 IN FIRST APPEAL NO. 709 OF 2002 Shenphadabai Ananda Arak died through LRs. and others .. Applicants

VERSUS

Special Land Acquisition Officer, Aurangabad and others .. Respondents WITH CIVIL APPLICATION NO. 250 OF 2015 IN F.A. NO. 717 OF 2002 CIVIL APPLICATION NO. 251 OF 2015 IN F.A. NO. 713 OF 2002 CIVIL APPLICATION NO. 252 OF 2015 IN F.A. NO. 703 OF 2002 CIVIL APPLICATION NO. 269 OF 2015 IN F.A. NO. 708 OF 2002 CIVIL APPLICATION NO. 253 OF 2015 IN F.A. NO. 704 OF 2002 ---- Mr. V.D. Gunale, Advocate for the applicants in all matters Mr. S.M. Jadhav, AGP for the respondent/State Mr. A.R. Nikam, Advocate for respondent nos.2 and 3 ---- CORAM : M.T. JOSHI, J.

DATE : 28/01/2015 ORAL ORDER :

1.

Heard both sides.

2.

Learned counsel for the applicants submits that as the applicants were not aware regarding the filing of the appeals, which are yet to come up for final hearing, the delay in filing the respective applications for bringing the legal representatives on record has occurred.

CA-249-2015+ 3.

Mr. Nikam, learned counsel for respondent nos. 2 and 3 in these applications has serious objection for allowing the applications.

4.

However, finding that the appeals are yet to come up for final hearing and for the reasons stated in the applications, the delay is condoned. The abatement, if any, is set aside.

5.

Upon perusal of the true copy of the death certificate as well as the legal heirship certificate, the present legal representatives be brought on record in place of the original appellant/s, within a period of two weeks from the date of this order.

6.

Civil Applications accordingly stand disposed of.

[M.T. JOSHI] JUDGE arp/