Kondiba Kerba Badulge Thr Vitthal Kondiba Badulge And ANR v. The State Of Maharashtra, Through District Collector, Latur And ORS

(1) 13- CA-13768-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 13 CIVIL APPLICATION NO. 13768 OF 2024 IN FA/1248/2021 WITH FIRST APPEAL NO. 1248 OF 2021 WITH CIVIL APPLICATION NO. 3483 OF 2020 IN FA/1248/2021 WITH CIVIL APPLICATION NO. 13769 OF 2024 IN FA/1248/2021 KONDIBA KERBA BADULGE THR VITTHAL KONDIBA BADULGE AND ANR ....Applicants

VERSUS

THE STATE OF MAHARASHTRA, THROUGH DISTRICT COLLECTOR, LATUR AND ORS .....Respondents .....

Advocate for Applicants : Mr. H. B. Nandagavale AGP for Respondent/State: Mr. D. J. Patil ...

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 03 FEBRUARY , 2025 ORDER:- IN CIVIL APPLICATION NO. 13768 of 2024 1.

Heard rival submissions.

2.

The application is for bringing legal representatives of deceased respondent/claimant Kondiba Kerba Badulge on record, who admittedly died on 27.04.2014. Though the delay of 138 days is there, but the appellant/State should have filed

(2) 13- CA-13768-2024.odt this application. It is not the responsibility of the applicants to file such application.

3.

In view of the same, the application stands allowed in terms of prayer clause (B) and (C).

4. The appellant/ State is directed to carry out the amendment within stipulated period. Place the matter on 17.02.2025. (SANDIPKUMAR C. MORE, J.) Y.S. Kulkarni