Ramkrushna Baliram Patil Died Thr Lrs Sumanbai R Patil And ORS v. The Collector, Jalgaon And ORS

2025:BHC-AUG:3130

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 922 CIVIL APPLICATION NO. 2740 OF 2024 IN FIRST APPEAL (ST) NO. 17701 OF 2021 WITH CIVIL APPLICATION NO. 7550 OF 2021 IN FAST/17701/2021 WITH CIVIL APPLICATION NO. 7552 OF 2021 IN FAST/17833/2021 WITH CIVIL APPLICATION NO. 7553 OF 2021 IN FAST/17835/2021 WITH CIVIL APPLICATION NO. 7551 OF 2021 IN FAST/17838/2021 RAMKRUSHNA BALIRAM PATIL DIED THROUGH L.RS. SUMANBAI R PATIL AND OTHERS

VERSUS

THE COLLECTOR, JALGAON AND OTHERS ...

Mr. Yash Pareek h/f. Mr. A.B. Kale - Advocate for Applicants Mr. D.J. Patil - AGP for Respondent Nos.1 and 2, State Mr. Meera A. Bhosle h/f. Mr. V.P. Narwade - Advocate for Respondent Nos.3 and 4 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 4th February, 2025 PER COURT :

CIVIL APPLICATION NO. 2740 OF 2024 1.

Heard rival submissions.

2.

The application is filed for bringing legal representatives of deceased appellant No.1 - Ramkrushna Baliram Patil, who admittedly died on 20.01.2022, by condoning the delay of 191 days. 1/3

3.

Though the application is opposed but considering the right to sue, the application stands allowed in terms of prayer clauses 'B' and 'C'.

4.

The appellants/claimants are directed to carry out the amendment forthwith. The application is accordingly disposed of. CIVIL APPLICATION NO. 7550 OF 2021 CIVIL APPLICATION NO. 7552 OF 2021 CIVIL APPLICATION NO. 7553 OF 2021 CIVIL APPLICATION NO. 7551 OF 2021 5.

Heard rival submissions.

6.

The applicants/claimants in all these applications are seeking condonation of delay of 634 days in filing First Appeals. 7.

Learned Counsel for acquiring body as well as learned A.G.P. strongly opposed the applications on the ground that, the delay is inordinate. However, considering the statutory right of the appellants - claimants, the applications stand allowed in terms of prayer clause 'B' subject to deposit of cost of Rs.1,000/- (rupees one thousand only) each to be paid to the Registry of this Court for utilization of High Court Dispensary, Bench at Aurangabad.

8.

It is made clear that, the appellants/claimants in all these 2/3

applications, shall not claim any interest and statutory benefits for the aforesaid period of delay.

9.

The applications are disposed of.

10.

Appeals be registered after deposit of cost and removal of office objections, if any.

[ SANDIPKUMAR C. MORE ] JUDGE 3/3