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Bombay High CourtCA/494/2024admittedallowedgrantedrule absolute

Rupchand Swarupchand Jadhav (Died) Thr Lrs. Yuvraj Rupchand Jadhav And ORS v. The State Of Maharashtra Through The Collector, Jalgaon And ORS

2024-01-17Hon'Ble Shri Justice S. G. Mehare2 pages

110- C.A. No. 494-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 494 OF 2024 IN FA/2615/2021 Rupchand Swarupchand Jadhav (died) Thr Lrs. Yuvraj Rupchand Jadhav And Ors ....Applicant

VERSUS

The State Of Maharashtra Through The Collector, Jalgaon And Ors .....Respondent .....

Advocate for Applicants : Mr. V. Y. Patil AGP for Respondent Nos. 1 and 2 : Mr. A. S. Shinde ....

CORAM : S. G. MEHARE, J.

DATE : 17.01.2024 PER COURT :

1.

Heard the learned counsel for the applicants. 2.

Issue notice to the respondents. Learned AGP waives service of notice for respondent Nos. 1 and 2.

3.

The applicants are legal heirs of the original appellant who died on 09/11/2022. There was a delay of 307 days in bringing the legal heirs on record.

4.

For the reasons mentioned in the application, the delay is liable to be condoned. There appears no dispute about the heirship of the applicants. Hence, the following order.

110- C.A. No. 494-2024.odt

ORDER

(i) The application is allowed.

(ii) 307 days delay caused in preferring the civil application for bringing the legal heirs on record has been condoned. (iii) The legal heirs be brought on record.

(iv) The amendment to be carried out within two weeks from today. ( S. G. MEHARE ) JUDGE ysk