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Bombay High CourtIA/2410/2019disposed off

Shri. Vasantrao Tulshiram Kharade Decd Thru Lhrs And ORS v. The State Of Maharashtra, Through The Collector Of Solapur And ORS.

2024-09-26Hon'Ble Shri Justice G. S. Kulkarni,Hon'Ble Shri Justice Somasekhar Sundaresan2 pages

920-IA 2410-19.DOC Digitally signed by PRAJAKTA SAGAR VARTAK Date:

2024.09.27 17:23:50 +0530 PRAJAKTA SAGAR VARTAK Prajakta Vartak

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2410 OF 2019 IN WRIT PETITION NO. 10668 OF 2017 WITH CIVIL APPLICATION NO. 240 OF 2020 Shri Vasantrao Tulshiram Kharade (decd) through his heirs & Ors.

...Applicants Vs The State of Maharashtra & Ors.

...Respondents

__________ Mr. Balaji Shinde with Mr. Yuvraj Tajane i/b. Ashok Tajane for Petitioners. Ms. P. N. Diwan, AGP for State.

__________

CORAM:

G. S. KULKARNI & SOMASEKHAR SUNDARESAN, JJ.

DATED:

26 September 2024.

P.C.

1.

We have heard learned counsel for the applicants/petitioners on these applications.

2.

Interim Application No.2410 of 2019 is filed praying that the applicants be permitted to bring on record heirs and legal representatives of deceased petitioner no.1 Shri. Vasantrao Tulshiram Kharade who is expired on 12 August 2019.

3.

Civil Application No.240 of 2020 is filed praying that the applicants be permitted to bring on record heirs and legal representatives of deceased petitioner no.4 Rajesh @ Rajsen Tulshiram Kharade who is expired on 30 July 2018.

4.

Having perused the averments as made in both these applications, we are of the opinion that it is in the interest of justice that the applications are allowed. Legal heirs of the deceased/petitioner nos.1 and 4 are permitted to _______________ 26 September 2024

920-IA 2410-19.DOC be brought on record.

5.

By Civil Application No.240 of 2020, the applicants/petitioners are also praying for condonation of delay in filing the writ petition. Delay of 2 days has been appropriately explained.

6.

Both the applications are allowed in terms of prayer clause (a) as also condoning the delay.

7.

Let the amendment be carried out within a period of one week from today. Copy of the amended title be served on the respondents. Reply affidavit to the petition, if any, be placed on record on or before the adjourned date of hearing.

8.

Interim application and civil application stand disposed of. No costs. 9.

List the writ petition for admission on 10 October 2024 (H.O.B.). (SOMASEKHAR SUNDARESAN, J.) (G. S. KULKARNI , J.) _______________ 26 September 2024