Tatyerao Daulatrao Shinde (Died) Thr Lrs. Kushalbai Tatyerao Shinde And ORS v. The State Of Maharashtra, Through Its Collector, Latur And ORS

2025:BHC-AUG:28350 CA-10954.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10954 OF 2025 IN FA/437/2016 Tatyerao Daulatrao Shinde (died) Thr Lrs. Kushalbai Tatyerao Shinde And Ors

VERSUS

The State Of Maharashtra, Through Its Collector, Latur And Ors ---- Mr. S.J.Sonkawade, Advocate for applicants Mr.S.V.Hange, AGP for respondents no.1 and 2 ----

CORAM

:

AJIT B. KADETHANKAR, J.

DATE :

OCTOBER 06, 2025 ORDER :- Heard Mr.Sonkawade, learned counsel for the applicants and Mr.Dande, learned AGP for respondents - State. 2.

Learned counsel for the applicants would submit that during the pendency of the First Appeal, the claimant - Taterao Shinde died on 27.01.2021. He submits right to receive the compensation as also interest of the deceased - claimant is survived by the present applicant nos.1A to 1C in the capacity of his legal representatives. Learned counsel would submit that this application may be treated as a notice under Order 22 Rule 10-A of the Code of Civil Procedure and the appellant - acquiring body may be directed to amend the title clause of the First Appeal as well as the application therein, thereby

CA-10954.2025 incorporating the names of the present applicants as legal representatives of deceased - Taterao. He submits that there is delay of 915 days in filing this application, which is caused as the applicants were unaware of the pendency of this legal proceedings. He prays to condone the delay in the interest of justice. 3.

Mr.Dande, learned AGP places his no-objection to allow the application.

4.

In view of the above above, I pass the following order:- (i) Delay of 915 days caused in filing the application is condoned. Abatement, if any, stands quashed and set aside. (ii) The appellant - acquiring body to amend the title clause of the First Appeal as also the applications filed therein, thereby incorporating the names of present applicants as legal representatives of deceased Taterao Shinde, within four weeks. (iii) The application stands disposed of accordingly. [AJIT B. KADETHANKAR, J.]

CA-10954.2025 KBP