Anilkumar Manikchand Rathod And ORS. v. The State Of Maharashtra And ANR.

(501)-IA-1873-24.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2024.02.26 16:44:07 +0530 BALAJI GOVINDRAO PANCHAL INTERIM APPLICATION NO.1873 OF 2024 IN FIRST APPEAL NO.1106 OF 1995 Mr. Anilkumar Manikchand Rathod & Ors.

..Applicants

IN THE MATTER BETWEEN

Manikchand Vitthaldas Rathod Since deceased through legal heirs Anilkumar Manikchand Rathod & Ors.

..Appellants

Versus

The State of Maharashtra & Anr.

..Respondents Mr. K. S. Mahuli & A. B. Deshmukh h/f T. D. Deshmukh, for the Applicants/Appellants.

Mr. A. R. Patil, AGP for the Respondent/State. CORAM : KISHORE C. SANT, J.

DATE : 23rd FEBRUARY, 2024 P.C.

1.

During pendency of the Appeal, sole Appellant/ Manikchand died on 26.08.2020. He is survived by legal heirs i.e. Anilkumar, Atul and Mahavir. There is delay of 3 years and 130 days in filing this Application. 2.

For the reasons recorded, the Application stands allowed. Delay stands condoned.

3.

Necessary amendment be carried out within one week from today.

[KISHORE C. SANT, J.] BGP.