Balbhim Shivram Londhe (Died) Thr Lrs Shahaji And ORS v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1 CIVIL APPLICATION NO.76 OF 2020 IN FA/1265/2016 BALBHIM SHIVRAM LONDHE (DIED) THR LRS SHAHAJI AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicants : Mr. Deshmukh H. D.

AGP for Respondents No.1 to 3-State : Mr. S. S. Dande ...

CORAM : SMT.VIBHA KANKANWADI, J.

DATE : 21-06-2021 PER COURT :

1.

Present application has been filed by the respondent themselves to bring themselves on record. In fact it was the duty of the original appellants-State to bring them on record. It has been submitted on behalf of the applicants that they have filed appeal for the enhancement and they have brought themselves on record in that matter, and it appears that, that order was passed on 09-06-2017, still the appellants had not moved.

2.

Further lethargy can be seen, that intimation was also given under Order 22 Rule 10-A of the Code of Civil Procedure in this matter itself by the applicant's Advocate on 10-12-2019, yet there was no independent move by the State. Though the appeal that is filed by the

CA 76-2020 State Government practically would have abated, but since the applicants are themselves coming, leniency is required to be shown to the State. However, henceforth the State Government should be on guard and take appropriate steps whenever such occasions arises. Application stands allowed, delay of 962 days stands condoned. Application stands disposed of.

3.

Learned AGP to carry out the amendment forthwith. (SMT. VIBHA KANKANWADI) JUDGE vjg/-.